New Years Eve Post

Happy New Year. Drive safely and wisely - especially over the next 48 hours. We will be open 24/7 for the next 48 hours, so call us at 800-529-1966 if you or someone you know makes a mistake or otherwise needs us. Print off the 800 phone number and keep it with you.

The number: 800-529-1966

Michael J. O'Shea, Esq.
O'Shea & Associates Co., L.P.A.
Beachcliff Market Square
19300 Detroit Road - Suite 202
Rocky River, Ohio 44116
(440) 356-2700 - office
(216) 470-8098 - cell
(440) 331-5401 - fax
michael@moshea.com
www.moshea.com

The Ohio Supreme Court Gun Rights Decision

The Ohio Supreme Court issued a somewhat controversial gun rights decision today. In the case of City of Cleveland. v. State of Ohio. the Ohio Supreme Court held that Ohio cities were barred from enforcing any city gun "ordinances" which conflicted with any "statutes" which have been passed by the State of Ohio. In this particular case, the following City of Cleveland ordinances were in alleged conflict with the guns laws passed in Columbus: Cleveland Codified Ordinance 627.08 (possession of firearms by minors), 627.09 (possessing deadly weapons on private property), 627.10 (possessing certain weapons at or about public places), 627A.02 (access to firearms, prohibiting children access to firearms), 628.03 (unlawful conduct, prohibiting possession and sale of assault weapons), and 674.05 (registration of handguns). Essentially this decision is a further pronouncement by the Ohio Supreme Court (as they have done in other cases in the last few years) that the laws passed in Columbus trump the laws passed by individual city councils. Many legal observers see this decision not so much as a victory for gun rights advocates but as a further eroding of what is commonly referred to as "home rule" - the power of individual cities to police themselves.

See the Plain Dealer article about this decision for more background.

New York Appeals Court says Golfer Had No Duty to Yell 'Fore'

The New York Law Journal is carrying a story about whether a golfer needs to yell "fore" when he/she hits a ball into an other golfer's direction. A Court of Appeals in New York says no - and that all golfer's "assume the risk" of being hit by another person's golf ball when playing. Or suggestion: always stand behind someone hitting the ball. In this case, the offending golfer was a doctor, and we all assume those folks are good at golf . . . .

Violent Crime Down 6.2% in the US - so says the FBI.

Violent Crime Down 6.2% in the US - so says the FBI. See the CNN article. Hopefully the same is true in 2011. By the way, only the Northeast part of the US showed an increase in homicides (vs. the South, the West and the Midwest). So they may not assault you - they will just kill you in the Northeast. Be careful.

Is this a new era for Big Business in the Courts?

A recent New York Times article spent some time discussing whether or not the current US Supreme Court is much more big business friendly that in decades past. Lawyers who litigate in Ohio know that the Ohio Supreme Court (all elected judges/justices) will all be Republicans come January of 2011, and that many pro-big-business-insurance-company issues will be pressed by those groups in the years to come.

In the meantime, drive, bike, fly, walk, work and play more carefully that you ever have, and choose your lawyers and doctors even more carefully.

The dangers of social networks while you are in litigation or a business deal

There have been a number of recent discussions about the "dangers" of over-participating in social networks (e.g. Facebook, Twitter, My Space) while you are a participant in a legal claim or actual litigation - or even a business deal. This is because, obviously, almost anyone can monitor your social activities to the extent that you (or even your "friends") post those activities on social media. There have been incidents in domestic relations cases (let your imagination run wild here) or personal injury claims/lawsuits (e.g. a photo of an alleged injured person jet skiing or playing football) that have revealed information that one did not want revealed. So if you are involved in a divorce case, a personal injury case, or even a business deal/lawsuit where your "social" life can be relevant, be VERY careful about what you or someone else posts about you in social media platforms. Your adversaries can get free private investigation info on your from their desktops or laptops.

So if you have some of these issues in your life, be careful of what you or your buddies post about you.

What is an "Underage Consumption" OVI Charge?

Under Ohio law, anyone under the age of 21 can (and most likely will) be charged with what is know as an "underage consumption" charge when that person also is arrested for a standard OVI charge. Under Ohio law, anyone under the age of 21 is prohibited from driving with a blood alcohol content level in excess of .02 (vs. .08 for a person over the age of 21). The underage consumption section of the DUI statute is found in subsection "(B)" of that statute, and the ticket issued by the arresting officer can read/charge on the ticket that the offender has violated both subsection "(A)" of the statute (the regular OVI violation for all persons) as well as subsection "(B)" of the statute (reserved for persons under the age of 21). There are some sentencing/penalty differences for a violation of the underage consumption section of the statute vs. the regular OVI subsection of the statute. An underage consumption conviction is a 4th degree misdemeanor (maximum jail time 30 days - maximum fine $250.00) vs. a regular OVI charge being a 1st degree misdemeanor (maximum 180 days in jail - maximum fine up to $2750 [depending on how many priors]). Further, an underage consumption conviction requires that the court wait 60 days in order to grant the defendant limited driving privileges vs. 15 days for a first time OVI defendant. Further, an underage consumption charge also carries only 4 points where a regular OVI conviction carries 6 points. An underage consumption conviction will require the young offender to complete a remedial driving course, obtain an expensive driving insurance bond and retake the driving test in order to get that offender's driver's license back from the Ohio BMV.

Almost always the prosecutor will offer a good defense lawyer a choice between the two charges.