The defense team successfully obtained a dismissal of all of the Plaintiffs’ claims, and in return one of the Plaintiffs posted a statement on the blogger’s website. Below are links to various news stories in which Thomas was quoted.

• Steubenville lawsuit raises free speech issues around comments on sexual assault case – Cleveland Plain Dealer, December 23, 2012
• Rape Case Unfolds Online and Divides Steubenville – New York Times, December 16, 2012
• Steubenville lawsuit over blogger and anonymous comments settled – Cleveland Plain Dealer, December 27, 2012
• Judge delays blog lawsuit ruling – Herald-Star, December 11, 2012
• Henderson rules on blog posts – Herald-Star, November 20, 2012
• Judge: Preserve computer info in blog case – Herald-Star, November 28, 2012

At SSE&G, we believe that reputation management is an essential part of any case covered in the media. We make media management an integral part of our case strategy for each client. If you need a lawyer, please don’t hesitate to call our law firm to speak with an attorney as soon as you can. Don’t wait, your life is too important.

Criminal inadmissibility is a form of border control. Canada has rules that bar entry to the country for people that have been convicted of certain crimes. This applies even if your criminal convictions were from your home country and you have been completely law abiding while in Canada. Upon seeking entry to Canada, your passport will typically be scanned. If this scan turns up criminal history, you may be turned away at the border.

Canada’s criminal system has “summary offenses” and “indictable offenses.” These are similar to misdemeanors and felonies in the U.S. However, some misdemeanors are classified as indictable offenses in Canada. This is important, because any indictable offense can render you criminally inadmissible. Inadmissibility also applies if you’ve been charged and the case has not yet been resolved. Anyone facing pending charges should be aware of this possibility when making travel plans to Canada. Furthermore, anyone that recently obtained a dismissal should bring a copy of the dismissal order in case Canada’s records haven’t been updated yet.

The easiest way to avoid this is to never get convicted in the first place. If you are charged with DUI, a good criminal defense lawyer can help you with this. However, if you have already been convicted, there are three ways that you can still travel to Canada. The options are a Temporary Resident Permit, applying for rehabilitation, and deemed rehabilitation.

A Temporary Resident Permit is the easiest and most inexpensive option. If you are granted a TRP, you will be permitted to enter Canada. However, this does not grant reentry privileges; you cannot leave Canada and return with a TRP. The fee is normally $200. However, pursuant to the “Tourism Facilitation Action Plan” that was passed in Canada earlier this year, the fee will be waived one time. You can apply by simply going to the border. However, Canadian border patrol agents have discretion over whether or not to grant the TRP. Border patrol agents may not have all the information they need to determine that you should be allowed to enter, so they may turn you away. Your chances of success may be increased by applying for a TRP in advance from a Canadian Consulate.

Applying for rehabilitation is another option. You are only eligible for this process if you have committed only one crime in the U.S., and five years have passed since the end of your sentence. This five year clock only starts running once the entire sentence, including probation, has been completed. This process is available for any crime. However, certain crimes, such as sex offenses, have continuing oversight, so the sentence is never actually completed. Furthermore, it is unlikely for such an application to be granted for more serious crimes. After the appropriate time period has passed, you must get background checks from every jurisdiction where you have lived since the crime, and an FBI background check. These documents, the application, and the fee are then sent to the Canadian Immigration Board. The fees are either $200, or $1,000, depending on the crime. The fees are nonrefundable, and the application takes roughly one year to process.

Deemed rehabilitation is the last option to enter Canada after being found criminally inadmissible. You are eligible for this option once ten years have passed from the end of your sentence. Here, sentencing also includes time spent on probation. The same background checks and documents that are required for the application for rehabilitation are required for deemed rehabilitation too. You can take these materials to the Canadian border and present them to a border patrol agent. There is no fee for this process. If the agent determines that you are rehabilitated, you will no longer be criminally inadmissible and will be permitted to enter Canada.

If you’ve been charged with a DUI, or are having trouble entering Canada because of a previous DUI, call my law firm at (216) 369-9106 to schedule a free consultation. Or, you can use the contact form to the right to send an email directly to me.

Please remember that nothing on this page is legal advice. It is provided for informational purposes only.

The U.S. Supreme Court addressed this issue in Michigan v. Sitz. In a split decision, the Court held that such checkpoints are constitutionally permissible. The Court weighed the state’s interest in preventing drunk driving and the extent that sobriety checkpoints advance that interest against the intrusion upon individual motorists that are stopped at such checkpoints. The Court found that the balance of these competing interests weighs more heavily in favor of the allowing the checkpoints. Thus, sobriety checkpoints are permitted by the U.S. Constitution.

While the U.S. Constitution does permit sobriety checkpoints, individual states are free to decide the issue for themselves too. The U.S. Constitution is best thought of as establishing a minimum set of protections for the people. Individual states cannot reduce or otherwise infringe upon these freedoms, but are permitted to provide additional protections and freedoms. Some states provide additional protections in this area and prohibit sobriety checkpoints. For example, sobriety checkpoints are illegal under Michigan’s state Constitution. However, other states, such as Ohio, make use of sobriety checkpoints.

In Ohio, sobriety checkpoints are legal if four conditions are met.

These conditions are:

1. The checkpoint or roadblock is placed in a location that is safe and visible to motorists.
2. Advanced warnings signs are provided informing motorists of the checkpoint. They must be illuminated at night.
3. There are uniformed police officers and official vehicles visible at the checkpoint in order to show the police power.
4. The roadblock location, time, and procedures are predetermined by policy-making administrative officers, pursuant to carefully formulated standards and neutral criteria.

The National Highway Transportation and Safety Administration (NHTSA) has produced a guidelines for sobriety checkpoints.

Some of these guidelines are:

• Use a minimum 10-12 uniformed police officers. Law enforcement agencies should assign a sworn, uniformed officer to supervise the planning of a sobriety checkpoint. This officer needs to be highly knowledgeable of the state’s sobriety checkpoint rules and regulations.

• Select a location with a high incidence of impaired driving related crashes or fatalities. Be sure safety of the public and the police can be an utmost priority. There must be adequate space, and the location must be highly visible.

• Warning devices and signals must be located at such a distance as to give motorists adequate time to stop. Warning devices should comply with the Manual of Uniform Traffic Control Devices.

The Ohio Highway Patrol has also written a summary of its own procedures.

These procedures include:

• The site of the check must have a long term history of alcohol-related crashes and/or incidents of impaired driving.

• It is necessary to provide public notice of the general date, time, and location for the event about a week in advance.

• The police officer that is in charge of the sobriety checkpoint must brief the officers who will operate it. This briefing will give an overview of the operation; provide each officer a clearly defined set of objectives; and emphasize the necessary procedures to make the checkpoint as safe and efficient as possible.

• Large, reflective signs and fully marked police vehicles are placed on the side of the road well in advance of the actual checkpoint. A “Sobriety Checkpoint Ahead Sign” is placed at the beginning of the lane of traffic cones, or other devices that mark the boundaries of the checkpoint itself. The checkpoint area must be illuminated by portable lights, flares, and the emergency lights of several police cars in order to provide additional protection for the checkpoint.

A complete summary of these guidelines can be found at http://statepatrol.ohio.gov/sobcheck.stm.

If you’ve been charged with a DUI, call my law firm at (216) 369-9106 to schedule a free consultation. Or, you can use the contact form to the right to send an email directly to me.

Please remember that nothing on this page is legal advice. It is provided for informational purposes only.

For a low-tier result, you are looking at either:

• 10 days – 6 months in jail; or 
• Minimum of 5 days in jail and 18 days house arrest with electronic monitoring and/or a continuous alcohol monitoring bracelet for up to 6 months.

You are facing a fine of between $525 and $1,625. You can be required to undergo an alcohol or drug assessment, and the treatment that gets recommended will also be mandatory.

If convicted, your license will be suspended for at least 1 year, and it can be suspended for as long as 5 years. If the vehicle you were driving was registered to you, it will be immobilized for 90 days. You can apply for driving privileges after 45 days, but you will be required to have the yellow “party plates,” and you will also be required to have an interlock ignition device if your DUI was alcohol-related.

And remember, a DUI conviction will result in 6 points being assessed against your license, which can itself lead to a suspension if you have 6 or more points already, plus increased insurance costs.

The consequences of a second-time DUI are harsh. Your life can be changed drastically after only one bad decision. If you want to talk to a lawyer to find out how you can start getting your life back in order, call attorney Thomas Haren at (216) 369-9106. Don’t let your DUI charge define you.

Please remember that this blog post is not legal advice: it is only provided for informational and educational purposes. If you have been charged with a DUI, you should speak to an attorney about the particular facts and circumstances of your case. 

In Ohio, law enforcement officers utilize the field sobriety protocol set forth in the National Highway Traffic Safety Administration (NHTSA) manual. The three tests used during Ohio field sobriety tests are: (1) horizontal gaze nystagmus, a test of the subject’s eyes; (2)  walk & turn; (3) one-leg-stand.  The officer giving these tests should have been trained (in all likelihood, he or she was) in administering these tests, including the ability to record “clues” of impairment.

Below is a video from the Daytona Beach Police Department that may give you an idea of what to expect during a field sobriety test.

Horizontal Gaze Nystagmus

Horizontal Gaze Nystagmus is the term for an involuntary jerking of the eye that occurs naturally whenever a person’s eyes gaze to the side. Nystagmus normally occurs whenever the eyes are rotated at high peripheral angles. When a person is under the influence of alcohol, though, the nystagmus can be exaggerated and can present at lesser angles. When under the influence of alcohol, a person also has a difficult time tracking an object in a smooth manner.

During the HGN test, the officer will slowly move an object in a horizontal manner, while the driver must follow that object with his or her eyes. The officer will observe the driver’s eye movements, looking for certain indicators of impairment. Specifically, the officer will attempt to discern whether the eye cannot follow the object smoothly, if the jerking is distinct when the eye is at maximum deviation, and if the angle of the onset of jerking is within 45 degrees of center. The test can indicate a BAC of .08 or greater if, between the two eyes, four or more “clues” appear. The NHTSA research found that in approximately 88 percent of suspects, those who failed the test were properly classified as intoxicated. The test can also indicate consumption of some medications or other drugs/intoxicants.

Walk & Turn

The purpose of both the “Walk & Turn” and “One-Leg Stand” tests are to determine whether a person can listen to and follow instructions while performing physical movements. Most unimpaired people can perform these two tasks at one time, while impaired people tend to have difficulty dividing their attention in such a way.

During the “Walk & Turn” test, the officer will direct the suspect to take nine heel-to-toe steps along a straight line. Then the suspect will be directed to turn on one foot and walk in a straight line, heel-to-toe, in the opposite direction, returning to the spot the test began. There are eighteen indicators of impairment in this test that the officer will look for:  if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, steps off the line, uses arms to balance, makes an improper turn, or takes an incorrect number of steps. According to the NHTSA research mentioned above, people who fail this test are properly classified as having a BAC of .08 or greater 79 percent of the time.

One-Leg Stand

The “One-Leg Stand” test is similar to the “Walk & Turn” test in that it tests a person’s ability to divide his or her attention. In this test, the officer will instruct the suspect to stand with one foot approximately six inches off the ground and count aloud by thousands, until the officer tells the suspect to put his or her foot down. The officer will time the suspect for 30 seconds, looking for four indicators of impairment: swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. The NHTSA research found that people who exhibited two or more of those indicators had a BAC of .08 or greater 83 percent of the time.

Should I Take the Field Sobriety Test?

There is no penalty for refusing field sobriety tests. You have the right to remain silent and can choose to exercise that right. However, if you refuse to take the field sobriety tests, that fact can be used against you in court. The police have to administer the tests in substantial compliance with the NHTSA guidelines. If the police fail to do that, the results can be suppressed.

Whether to take field sobriety tests depends on an individuals’ personal attitude. In reality, there are disadvantages and advantages to both taking and refusing field sobriety tests. An attorney can adjust the preparation of his or her client’s case accordingly, depending on whether the tests were taken.

Remember: the field sobriety test is different than the breathalyzer/blood/urine sample that you may be asked to provide. There can be administrative penalties for refusing to take those tests. However, there is not an administrative penalty for refusing a field sobriety test.

Consult a Lawyer to Challenge Your Field Sobriety Test Results

Jail and Fine Penalties

If convicted, you may face jail time, a fine, or a Driver’s Intervention Program. The penalties mentioned here may increase if your BAC was greater than .17 percent.

For a first time DUI/OVI conviction, the maximum prison sentence is a term of 6 months. You can be sentenced to a mandatory jail term of 3 days, although that sentence can be stayed by the court if you are sentenced to probation and enrollment in a driver’s intervention program. If you have a high BAC (.17 percent or greater), the court will not be able to stay the jail sentence and you may have to complete the program on top of the 3 day sentence. If you refuse to participate in the program, you could face an extra 3 days in jail instead.

The Driver’s Intervention Program is a 3 day program. Keep in mind that the court may also sentence you to a drug or alcohol treatment/education program.

On top of those penalties, you can also face a fine. In fact, the court is required to impose a fine of between $375 and $1,075.

License Suspension

If you are convicted of your first DUI/OVI charge, you will face a class five license suspension, as per Ohio Revised Code § 4510.02. The court must impose a suspension from between 6 months and 3 years, although the court may allow limited driving privileges for educational, vocational or occupational purposes. The court may require you to complete a remedial driving course before your full driving privileges are reinstated.

If you drive on the road in Ohio you are deemed to have given your consent to a chemical test of your blood, breath, or urine to determine the alcohol, drug, or drug metabolite concentration in your system. This is known as implied consent, and is found section 4511.191 of the Ohio Revised Code.

Refusal To Take the Test or Test Failure

You can always refuse to take the test (most likely a breathalyzer), but doing so will subject you to an administrative license suspension, or ALS. While this is not a criminal penalty, it has many of the same practical effects: you won’t be able to drive.

The penalties for refusal differ depending on how many DUI offenses you have in the past 6 years. The penalties for refusal are as follows:

1. First Offense: 1 year suspension
2. Second Offense: 2 year suspension
3. Third Offense: 3 year suspension
4. Fourth Offense or greater: 5 year suspension

The penalties for failure of the test are less harsh than refusal, and also differ depending on how many DUI/OVI offenses you have in the past 6 years. The penalties for failure with a BAC of .08% -.17% (for an adult) are as follows:

1. First Offense: 90 day suspension
2. Second Offense: 1 year suspension
3. Third Offense: 2 year suspension
4. Fourth Offense or greater: 3 year suspension

If you plead guilty to a DUI/OVI charge, or if you are convicted of a DUI charge, then your suspension will end immediately when your criminal penalty begins. The time that your license was on administrative suspension will be credited towards your criminal penalty.

If you act quickly, you can appeal your administrative license suspension arising from a DUI arrest.

ALS vs. Criminal Penalty

An administrative license suspension is separate from any criminal penalty you may receive from a DUI conviction. After a conviction, you will lose your license for six months or more, but your license will be suspended automatically following either a test refusal or failure.

If your license is under administrative suspension for refusal of a breathalyzer test, that suspension will likely still stand even if you are acquitted of a DUI criminal charge.

Consult an Administrative License Suspension Defense Lawyer

Please remember that nothing on this page is legal advice. It is provided for informational purposes only.

In some ways, there is a culture of acceptance around hazing. It is an almost standard and expected practice for many college fraternities and sororities. It is seen by many as a right of passage or initiation into a group. However, such initiations can quickly get out of hand and they can be quite dangerous. Earlier this year, two Youngstown State University students were hospitalized after being badly beaten by nine men in a fraternity hazing ritual. Unfortunately, stories like this have become all too common.

Effects on the Organizations

Hazing puts the existence of fraternities and sororities at risk. Organizations that violate the law or their own rules may find it difficult to continue to operate. Local chapters of fraternities and sororities that earn a reputation for hazing and/or alcohol violations frequently find their charter suspended by their national trustees. Even if their charter isn’t suspended, many organizations find themselves kicked off campus by the university.

Effects on the Participants

Engaging in hazing can also be quite risky for the participants themselves too. They may find themselves exposed to criminal charges. Hazing is illegal under Ohio law. The participants may find themselves charged with hazing, as well as any other laws that were violated in the hazing ritual. In the Youngstown State University hazing incident, the nine men that were responsible were indicted. They each faced two counts of felonious assault.

Hazing

The crime of hazing is defined in Ohio Revised Code § 2903.31. It defines hazing as doing, or coercing anyone else to do, any act of initiation into an organization that causes or creates a substantial risk of mental or physical harm to any person. It states that no person shall recklessly participate in the hazing of another. It also applies to university personnel. It states that no administrator, employee, or faculty member of an educational institution shall recklessly permit the hazing of any person.

Civil Penalties

Even if a student does not face criminal charges for hazing, a hazing victim may sue for injury or damages caused by the hazing. A student-victim may sue the students involved in the hazing; and/or  the college or university who knew or reasonably should have known of the hazing and who did not make reasonable attempts to prevent it. A victim’s consent to the hazing at the time it occurred does not prevent the victim from suing for damages.

Ohio Hazing Crime Penalties

Hazing is charged as a fourth degree misdemeanor. Anyone found guilty of this offense may be sentenced to up to 30 days in jail and/or fined up to $250. This is in addition to any other charges that relate to the hazing and that may be filed as well.

Consult an Ohio Hazing Crimes Lawyer

Hazing can have an enormous effect on you or your organization. Your fraternity or sorority can lose its charter. Your fellow athletes can lose scholarships. You can be kicked out of school.

If you would like to consult a Cleveland criminal defense attorney regarding your criminal charges, you can contact Thomas G. Haren at Haren Law, LLC at (216) 369-9106.

This presentation covers various topics, including:

• Hazing
• Ohio DUI laws and penalties
• Ohio drug possession laws and penalties
• How to interact with police respectfully, while protecting your constitutional rights
• A primer on the law of the traffic stop

If you are interested in booking Thomas to present at your organization, you can reach him at (216) 369-9106, or via email at tharen@harenlawllc.com. Thomas can tailor the talk so that it is appropriate for any membership age or background.

Haren Law, LLC is a criminal defense firm located in the Cleveland suburb of Independence. Attorney Thomas G. Haren helps protect people from having their lives screwed up by criminal convictions that will keep them from accomplishing what they want to accomplish.

If you or a loved one have been charged with a crime, call Haren Law, LLC for a free initial consultation at (216) 503-2232. Or, simply fill out the form to the right of this post.