Ohio's Can-Am Laws: What You Need To Know

Ohio's laws cover a range of topics, from divorce proceedings to knife possession. The state has specific laws regarding Operating a Vehicle Under the Influence (OVI), which includes both drugs and alcohol, with a limit of 0.08% of any intoxicant in the bloodstream. Ohio is also a fault divorce state, meaning that a reason must be given for the divorce, such as adultery or extreme cruelty. In terms of knife laws, while there is no clear state law on blade length, knives considered deadly weapons cannot be carried concealed, except for handguns with a CCW permit. Ohio also permits the carrying of concealed weapons, including guns, subject to licensing requirements, and has varying statutes of limitations for different types of lawsuits. Additionally, Ohio is a one-party consent state for recording phone conversations.

Knife laws

Ohio law permits the open carry of knives, and individuals can carry most types of knives openly without fear of legal repercussions. This includes fixed-blade knives, folding knives, and pocket knives. The open carry of knives reflects Ohio's stance on visible readiness over hidden intentions. However, the moment a knife is carried concealed, it falls under scrutiny, and specific regulations come into play.

Prior to the 2021 revision brought by Senate Bill 140, carrying concealed knives like switchblades, butterfly knives, and automatic knives was heavily regulated. Post-2021, these restrictions have been eased, and it is now legal to carry concealed knives that were previously considered illegal. However, carrying any type of concealed weapon, including a concealed knife without proper licensing, can lead to serious legal troubles. Law enforcement may interpret the carrying of a concealed knife differently depending on the situation.

A knife can be considered a "deadly weapon" under Ohio law if it is possessed, carried, or used as a weapon. The prosecution must prove that the knife was used as a weapon, and the context of its use is crucial in determining whether it is a deadly weapon. Knives that are designed or specially adapted for use as a weapon rather than a tool, such as ballistic knives and switchblades, are more strictly regulated and generally considered deadly weapons.

It is unlawful to possess a "deadly weapon" in a school safety zone, which includes schools, school buildings, school premises, school activities, and school buses. It is also unlawful to possess a deadly weapon in a courthouse. Possession of a deadly weapon in these locations is a fifth-degree felony, punishable by up to 12 months of confinement and/or a fine of $2,500.

Concealed weapons

In Ohio, any eligible resident over the age of 21 can carry a concealed weapon without a permit, as long as they have not been prohibited from possessing, owning, or selling firearms. However, the state still preserves its concealed carry licensing program, which includes a photo ID card. Obtaining a concealed carry permit may be beneficial if an individual wishes to carry a concealed weapon in states with different reciprocity laws.

To obtain a concealed carry permit in Ohio, an individual must complete a firearm safety training course that demonstrates their competency in the use and safety of guns and other weapons. Current and former servicemen and women can obtain a concealed carry permit without paying a fee or attending a training class. Active-duty military personnel with valid identification and documentation of successful firearms training are also exempt from the training class and fee. Non-residents can obtain a concealed carry permit if they work in Ohio.

There are several places where individuals are prohibited from carrying concealed weapons, including schools, school buildings, school premises, school activities, and school buses. Individuals with a CHL (Concealed Handgun License) may carry a concealed weapon in a school safety zone if they leave the gun in their locked motor vehicle. Other prohibited places include courts, police stations, and churches.

Ohio is a stand your ground state, adhering to the Castle Doctrine. This means that there is no duty to retreat before using force in self-defence, defence of another, or defence of a person's residence, as long as the person is lawfully allowed to be in that place.

DUI threshold

In Ohio, the offense of driving under the influence is known as Operating a Vehicle Impaired, or OVI, rather than DUI. The state's OVI laws are complicated and impose severe consequences for convictions.

Ohio's DUI threshold is set at a Blood Alcohol Concentration (BAC) level of 0.08% or higher. This means that a driver can be convicted of a "per se" alcohol OVI for operating a vehicle with a BAC of 0.08% or greater, or a urine alcohol concentration of 0.11% or more. This is true regardless of whether the individual's driving ability was actually impaired.

The prosecution does not need to prove actual impairment to secure an OVI conviction. However, evidence of impairment, such as swerving on the road, bloodshot eyes, slurred speech, and loss of balance or coordination, is often used by prosecutors to prove that the driver was under the influence.

In Ohio, a person is guilty of an OVI if they operate any vehicle, including motor vehicles, watercraft, and aircraft, under the influence of alcohol, drugs, or a combination of the two. The state's implied consent law states that all drivers lawfully arrested for operating or being in actual physical control of a vehicle while impaired are deemed to have consented to a test of their blood, breath, or urine to determine the presence of alcohol or drugs. Refusing to submit to a chemical test is an option, but it comes with immediate consequences, including license suspension.

Ohio also has a per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances. There is no threshold level of concentration of controlled substances required for a conviction.

Divorce laws

Ohio has both fault-based and no-fault divorce options. The fault-based grounds for divorce in Ohio include adultery, fraudulent inducement to marry, extreme cruelty, gross neglect, habitual drunkenness, imprisonment, and willful absence for more than one year. A no-fault divorce in Ohio is also known as a "dissolution of marriage".

To file for divorce in Ohio, you must be legally married and have lived in the state for at least six months. If you have children, custody rights will be determined based on the best interests of the child, with numerous factors considered by the courts. Ohio courts generally favour joint custody, also known as "shared parenting", and presume that both parents will share at least some parental rights. To win sole custody, you must establish that spending time with your former spouse would go against the best interests of your child.

In terms of spousal support, Ohio does not distinguish between various forms. Spousal support is determined based on factors such as respective incomes, earning potential, and standards of living. If one spouse earns substantially less, or gave up employment or educational opportunities to care for the family, they may be entitled to spousal support.

Ohio is not a community property state, so marital property is divided according to the rules of equitable distribution. This means that assets are not necessarily split 50-50, and certain circumstances may warrant an unequal distribution of marital property.

Recording laws

Ohio is a one-party consent state when it comes to recording conversations. This means that as long as one party to the conversation consents to it being recorded, the recording is generally legal. This applies to in-person, telephone, and digital conversations like video chats. However, this law does not grant permission to record all conversations, and the recording must be for a legitimate reason. The person recording must be a participant in the conversation, and the recording must not be made in an area where people would expect to be undressed or have a reasonable expectation of privacy.

Ohio's hidden camera law makes it illegal to secretly videotape, film, photograph, or otherwise record another person in a situation where they have an expectation of privacy. This means that a camera cannot be placed in an area where it intentionally records someone in a state of undress or where there is an expectation of privacy. If a camera is recording audio, it must be placed in a public area where there is no expectation of privacy.

In the workplace, an employer may monitor and record conversations, including telephone conversations, as long as the employee has no reasonable expectation of privacy. However, employer policies that prohibit employees from recording conversations are generally enforceable, and an employee may be terminated for violating that policy.

Ohio state courts generally allow the use of recording devices but impose some important restrictions. For example, witnesses and victims of crimes have the right to object to recording in state trial courts.

Frequently asked questions