Spring is here and so are the All-American pastimes like the county fair, barbecues and crusin.’
Like most spring chicks many of us head into the BMV to get our licenses renewed and maybe some new vanity plates. However, this time one anecdotal story was overheard by yours truly and it took first prize.
While waiting in line at the local BMV in Cincinnati, Ohio a man in his late to early 40s – 50s walked up to the counter and began his tale of woe.
This startled Ohio driver happened to be a concealed carry holder. He told about how he had been pulled over near the University of Cincinnati in Clifton at gun point by six police officers. The confused construction worker rolled down the window of his black Chevy Tahoe and stuck both hands outside.
Afterward, he said that the police recognized the error in their computers and then cautioned him to get his license plates re-registered lest it happen again. Why?
He explained that the police indicated that his license plates came back to a different man who was wanted on a felony arrest warrant.
The driver who shall remain anonymous for obvious reasons went to the BMV and got his license plates re-registered. His fees in total were $11 and lost lunchtime on a Monday.
However, this man had been mistaken for a man wanted on a felony arrest warrant and it could have had all kinds of tragic consequences.
Now what you might not expect is how is this an error in the driver’s favor? Well the unusual circumstances meant that he had to comply or get pulled over again at gun point. So what should anyone do at this point?
Call the offices of the Ohio Bureau of Motor Vehicles (BMV).
‘If you feel you’ve run into an error we try to help with this process…’ explained Dustyn F . under the Ohio Department of Public Safety. ‘I’m not sure what the officer told them but it’s the quickest and easiest way to get the remedy across.’
Many people don’t know they can save themselves a headache by calling their BMV directly. Then you will be put through to the correct department. So have on hand your social security number, driver’s license number and driver’s plate number. Personal identifiers will be asked to assure that you’re not an identity thief. You’re not one right?
Then the request for help will be given to the correct department section head for consideration, or even to the BMV Registrar for final deliberation on the acceptance of reimbursement. at the registrar’s office or to the department head supervisor for consideration on the acceptance of reimbursement.
‘Sometimes all it takes is a phone call to the local court to find out where the error happened. We’ve got people at the BMV in contact with the local courts on a daily basis.’
The BMV can also ask the court to issue a reversal if there is an assignment of error in the computer system. There can be many false positives when this happens by human error, automated license plate reader malfunction, written onto a traffic ticket incorrectly or entered into the computer incorrectly.
Police don’t work for the BMV so it’s wise to call and check with the BMV before asking about re-registration of any license plate.
Sometimes the court jurisdiction is where the court needs to check an error. Even in a traffic ticket, there’s nothing sent out to the BMV until the court sends the records through to the BMV. So a civil ticket must also go through a court.
If you feel that your request for reimbursement was denied by error. You have one final option of contacting the State of Ohio Court of Claims for consideration. They will look into issues of reimbursement after the re-registration of license plates was completed if proven after the fact.
For those who live out of state contact your local state BMV and ask about the issues particular to your state..
So without further delay here is the general contact information for the Ohio BMV:
Phone Numbers
General Line Contact:
Toll Free: 844-644-6268
Columbus: 614-752-7500
BMV Legal Offices
614-466-7014
Note:
The author did not reach out ti the Cincinnati Police Department for comment based on disagreements and past issues involving the court system at this time.
Cincinnati, Ohio – On Tuesday, January 20th, 2015, the Law and Public Safety Committee met to discuss dog ordinance policy that surrounded the pit bull attack of Zainabou Drame.
Zainabou Drame was attacked by the dog in June of 2014. The attack was partially caught on film thanks to Cincinnati Police Dash camera video and gained national attention. The dogs’ owner, 24-year-old neighbor Zontae Irby, was arrested and indicted. Cincinnati police claim the dog was guarding a drug trafficking operation. The new ordinance and animal task force is modeled after an older animal task force the City of Cincinnati created but that budget cuts killed.
The new ordinance and animal task force is a creation of the Law and Public Safety Committee chaired by Cincinnati Councilman Christopher Smithermann and Councilman Christopher Seelbach. The new vicious dog ordinance and animal task force is set for review next month by the full City of Cincinnati Council. City Solicitor Roshani Hardin, who helped draft the viscous dog ordinance, introduced portions about how the owner of any loose or leashed animal who bit a bystander etc would be charged under criminal penalties for physical injury caused. Councilman Kevin Flynn questioned and rejected the logic of those elements. Flynn voiced his concerns about it being a tool of abuse by law enforcement to target innocent dog lovers and not drug dealers.
“Ms. Hardin, relative to the criminal penalties for injury, is there an intent element contained there? Dogs get loose, sometimes dogs bite. Is it a strict liability, criminal strict liability,” said Councilman Kevin Flynn. “These additional penalties would fall under strict liability,” stated Hardin. “I gotta problem with imposing criminal liability, without intent,” said Flynn.
Flynn elaborated on scenarios like, what if an animal exhibits no biting characteristics and gets loose for the first time? Perhaps no one else is around where an animal is loose and someone claimed harm from a bite. What if there are three owners? Do they all get criminal penalties? Consider this if he had lived under the ordinance:
“On Dec. 29, 2014, Hilyard and April Edwards got into an altercation, which quickly escalated. Hilyard stabbed Edwards with a kitchen knife and fled the scene. Davis promptly called 911 for help. DeKalb County Police were dispatched, and Officer Joseph Pitts was first to arrive on scene. Per three witness accounts, Officer Pitts did not announce his arrival or identify himself. He entered the home to find the couple’s three-legged dog, Tooter, whom he shot and killed. Upon hearing shots, Davis became alarmed that his girlfriend’s assailant might have returned with a gun. He retrieved his own gun, proceeded to the front room of his home and was shot twice by Officer Pitts. ” – excerpt from “This Black Man Was Shot To Death By Cops After Calling The Police For Help” – by Jim Chambers, AlterNet, January 27, 2015.
“All of these criminal penalties are not, ‘if your dog bites someone you go to jail.’ All of them are possibilities for prosecutors and judges to consider,” Councilman Chris Seelbach rebuffed. “If this were to be a case of a dog who had no problems and an owner who was acting responsibly…accidentally got out…bit someone, I would imagine that a prosecutor or judge would take all that information into account in deciding to pursue criminal charges. This gives them a tool…to punish deserving bad owners of dogs.”
Councilman Seelbach thinks that the time constraints of junior assistant prosecutors and time constraints of overworked and myopic judges will settle in and consider all evidence in a fair trial in the name of justice? However, nobody has looked at the number of people in court on charges at the Hamilton County Justice center everyday? Each courtroom sees over 100 or more cases per day. How can any judge or prosecutor render a fair trial in a courtroom and complete a fair trial when they are operating the courtroom as efficient as a short order cook during the lunch hour? Prosecutors and judges are meant to seek justice, not bend the tools of the profession at their discretion to manufacture outcomes and substitute their facts to meet their desired conviction demands. Recently, this is the kind of injustice that the United States of America woefully allows to happen ad nauseum.
“My sense about this issue is that it is an issue,” said Councilman Smithermann. “That is a first good step in problem solving that we acknowledge we have a problem and to tackle it. There are a few bad actors when you think of the number of dogs…dog owners in the City of Cincinnati across the county…The majority of dog owners, and I’m a dog owner, that interact with the public are responsible dog owners…We have some criminals that have decided to use animals to hide their illegal activity…it could change to any type of specific breed…We’re all concerned about this illegal behavior and the use of an animal as a weapon to protect this illegal activity.”
This doesn’t sound logical. First Councilman Smithermann’s logic creates a magical thinking false equivalency that the dogs hide illegal activities and that the dogs are weapons i.e. dangerous. Thus, animals have magical fairy-like properties that are invisibility cloaks for drug dealers and dogs magically transform into weapons. Through this kind of magical thinking we can propose that Mr. Smithermann’s been watching too much Pokemon on television. Have you been watching too much Pokemon Mr. Smithermann?
Mr. Smithermann’s affectation for Peter Pan Pokemon logic dictates that this is more ado about the harm to police and neighborhood safety. It is not about illegal activities. When was the last time you saw a dog offer to sell drugs or roll through in a car with gun shooting in a drive by killing? This is also more about adding bonus specious pre-criminal and post criminal charges against an innocent person. A person who goes to trial for drug charges and either has a chihuahua or pit bull as a pet in their apartment. Discretion is left to the prosecutor and the police officers to charge, arrest and prosecute for specious pre-crimes.
“One of my other problems with the criminalization of this Mr. Chairman is I don’t know what good it is gonna do. We’re a city. We can’t criminalize more than misdemeanor and when we’re talking about the drug dealer, who almost killed a little girl, with/by using his dog; they don’t care at all about misdemeanors. They’re committing class A felonies,” said Councilman Kevin Flynn “…They’re doing activities that go far beyond what we as a city can penalize criminally…Go after em civilly. And I would suggest we go after em hard, civilly. That means we hit em E2 the first event, we go up the second event, we go up the third event; we’re hittin em $15K dollars a pop if that’s the highest we can go. We double it if they don’t pay it within seven days if we’re allowed. We hit em where it hurts in the pocket book.” If there was someone who displayed a cool head on the Cincinnati City Council it would be Mr. Kevin Flynn: “The use of a dog in the commission of a felony, drug dealing, should result in enhanced penalties, just as the use of a gun in the commission of a felony results in enhanced penalties,” spoke Councilman Flynn “To say ‘If you’re using a vicious dog, a dog a dangerous in the commission of another crime that takes it up a notch…You’re going to prison.”
All that is required is a sensible fine that is not excessive, cruel or unusual. There must be an intent element written into the ordinance in the commission of a separate crime that causes physical injury to the public etc. However, the current legal jargon exists to pre-crime people or their pets that have not committed any physical injury. Disgusting. – Source:
Cincinnati, Ohio – An Ohio journalist/blogger Lloyd L. Jordan, 39, was found guilty of three charges while filming near a tow truck.
Jordan graduated from the University of Cincinnati in 2010 with a Bachelor’s of Arts in English and only lacks the credentialed Bachelor’s of Journalism degree based on the lack of internships.
Jordan is upset because he cannot pursue his career path as a citizen journalist being arrested for hampering police at emergency scenes while news gathering.
The three charges are Misconduct at an Emergency, Resisting Arrest, Obstruction of Official Business for a video that he shot in public. Disorderly Conduct was dropped.
Wednesday, January 21, 2015, Hamilton County Municipal Honorable Judge Cheryl Grant heard testimony that Mr. Jordan:
Did receive a settlement for previous arrest through the City of Cincinnati for conducting photography in 2011.
The prosecutor accused Mr. Jordan of placing himself in danger to bait Cincinnati Police Officer Anthony Dawson.
Judge Grant stated that Officer Dawson’s traffic duties were hampered by Mr. Jordan’s proximity by standing nearby a flatbed tow truck by placing himself in danger.
Mr. Jordan’s sentencing is scheduled for February 26th, 2015. At this time, Mr. Jordan has no comments on the decision.
On May, 9th, 2014, the first five minutes of video footage contain the moments leading up to the arrest near Hughes High School where he filmed a crash scene in public thirty minutes after a car accident.
Mr. Jordan headed to a nearby convenience store when he filmed what happened and Mr. Dawson apprehended him when he refused to move.
In the video, Officer Dawson approached Mr. Jordan and proceeded to arrest Mr. Jordan for an unlawful activity after he refused to move while he stood by a flatbed tow truck and filmed.
Judge Grant decided that Mr. Jordan’s unlawful proximity by filming the scene news gathering hampered the traffic duties of Officer Dawson and that his filming wasn’t unlawful. His proximity to the flat bed tow truck is unlawful and placed himself in danger.
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Traceback:
Since starting Take the Gate, it has been 6 months. In that time, the blog hasn’t captured very much video but what news we’ve tried to capture will surprise a few people for the resources we utilize.
Out of the limited number of events the editor Lloyd Jordan, 39, of Clifton had attended the Cincinnati Police are generally cordial, this changes when shooting video as an individual.
A history of harassment by the CPD for Jordan goes back to November 16, 2011. In 2011, the Take the Gate editor had gotten arrested and separated from his photography equipment by two undercover Cincinnati Police Officers, names withheld.
At that time, Jordan had documented the Occupy Cincinnati encampment with photographs. These images have only been seen by several individuals. He had been located on the sidewalk when the officers approached and arrested Jordan. Officers had thrown him against a metal girder wall of planters. Before being taken to the Hamilton County Justice Center.
Hamilton County’s Prosecutor Office dropped all of Jordan’s charges of: public intoxication, disorderly conduct and obstruction of official business. While the enquirer calls this a “Payout” Jordan entered a settlement with the City of Cincinnati and was instrumental for a new photography policy for the CPD.
The new photography policy for the city is created with Stanten and Hughes Law Firm Attorney J. Rob Linneman, the City of Cincinnati’s Solicitor’s office and Jordan in 2013.
With all that behind Jordan fast forward to 2014, Jordan had been walking in Clifton. He became curious when an unusual car crash had happened and he saw the incident as newsworthy, when no other news crew had covered the accident. An approximate hour had passed before Jordan had arrived seeing the damage of two parked cars and an SUV wedged into a tree by Hughes High School off McMillian Ave., near the University of Cincinnati.
Jordan had overheard some college age students at the coffee/bar Baba Budan, who had exclaimed that police tazed the driver of the crashed SUV multiple times, dragged out and he tried to swallow drugs. Upon hearing this he had approached the scene of the wreck to further document the crash. Jordan had noted no crime scene tape was distributed and police neglected to block roads for a car detour while none of the officers at the scene directed people away from the crash.
It is not until Jordan shows up that the police officer, named Anthony Dawson, confronted Jordan on the advice of a tow truck driver. Jordan was the only media present.
Dialogue:
“Get this moron out of here!” unnamed tow truck driver yelled. “I asked him to move three times.”
“Get across the street.”
“Hello,” Jordan said. “Mr. Dawson, I’m good, thank you.”
“If you don’t go across the street right now, I’m going to arrest you for obstruction of official business.”
“If you arrest me I’ll take you to court,” replied Jordan. “You better call your commanding officer before you make a mistake and lose your job.”
Jordan was again arrested. He again believes he was unlawfully arrested.
Policy for Photography for the Cincinnati Police Department States the following:
Part A.) When an officer observes a citizen taking photographs or video/audio recording, the officer shall not:
Order the citizen to cease recording;
b. Demand the citizen’s identification;
c. Demand that the citizen provide a reason for recording;
d. Detain a citizen solely for recording or for investigation of a recording;
e. Intentionally block or obstruct recording devices; or
f. In any way threaten, intimidate or otherwise discourage an individual from recording.
Part B.) Recording That Interferes with Police Activity or Imposes Safety Risk
Sec. 1. Engaging in photography, video or other recording does not grant a citizen the right to interfere with police activity.
If a citizen is recording from a position that threatens public safety, imposes a risk to the safety of an officer, or interferes with an officer’s ability to perform their duties, an officer shall direct the citizen to move to a position that will not interfere or where the safety risk is mitigated. An officer shall not order the person to stop recording.
A person’s recording of CPD activity from a safe distance, without any affirmative act to obstruct the police activity or to threaten the safety of an officer, does not constitute interference as set forth in paragraph B.1.a. above.
Jordan was charged with Misconduct at an Emergency, Resisting Arrest, Disorderly Conduct and Obstruction of Official Business.
ORC 2917.13 Misconduct at an Emergency law states the following:
(A) No person shall knowingly do any of the following:
(1) Hamper the lawful operations of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other
authorized person, engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind;
(B) Nothing in this section shall be construed to limit access or deny information to any news media representative in the lawful exercise of the news media representative’s duties.
ORC 2909.04 Disrupting public services.
Sec. (3) Substantially impair the ability of law enforcement officers, firefighters, rescue personnel, emergency medical services personnel, or emergency facility personnel to respond to an emergency or to protect and preserve any person or property from serious physical harm.
Jordan’s injuries and other arrests and injuries are also seen on the tape. One of the incidents of false arrest by the Cincinnati police is a bomb threat call to a Kroger’s grocery store in Hyde Park, where at the time Jordan was the only media present.
Another episode of police documented harassment is a tow truck pulling a vehicle out of a lot in Clifton, where Jordan was the only media present. This episode highlights the good works of Cincinnati Police until one officer tried to prevent Jordan from filming with intimidation tactics.
A third incident involving police intimidation and harassment is the filming of students in Clifton while police have pulled over a group of students and were ticketed by the CPD. Jordan says the officers were respectful of his right to film but, stated that news media carry lights for cameras and that even asking him to turn off his flashlight was a form of intimidation.
Jordan’s next court date is June 23rd, 2014 at 9am in rm 220 of Municipal Judge Cheryl Grant.
A search of Cincinnati Police Officer Anthony Dawson found that he has had two complaints sworn on him by the public that were dismissed and a possible prior demotion for dereliction.
He is represented by H. Louis Sirkin of Stanten & Hughes.
Update: The demotion was overturned against the Chief of Police, then Thomas Streicher, citing the need as excessive.
Three Ohio deputies arrested for an internal investigation that lead into false documents, prisoner abuse allegations caught by video cameras at the Lawrence County Jail.
A federal grand jury in Cincinnati has charged Jeremy S. Hanshaw, 36, of Coal Grove, Ronald S. Hatfield, 25, of Waterloo, and Jason D. Mays, 22, of South Point (pictured below), with conspiring to deprive, and depriving, an arrestee of civil rights while acting under the color of law as deputies of the Lawrence County Sheriff’s Office.
The disturbing details shared by the Department of Justice report a series of events on the weekend of Between August 16 and 17, 2014, when an anonymous victim came forward with allegations that he had been attacked in the jail by the three men.
While the victim was restrained, he reported that he had been a victim of their repeat sadistic behavior of being hit by: multiple elbow strikes, choke-holds, punches, kicks and laughter.
The indictment further alleges that Hanshaw choked the victim and delivered an elbow strike to the victim’s head while the victim was restrained on a medical gurney. Then-deputy Mays allegedly struck the victim in the neck with a closed fist and attempted to block a surveillance camera while his fellow officers had the victim on the ground.
The deputies acted as if they forgot there were cameras rolling at all times, sheriff Lawless recalls.
“I was provided with what I believe is evidence of wrong doing, I acted quickly, firing one employee and suspending two others, this even before the possible victim could be found,” said Lawless. “I took an oath to uphold the law and protect all citizens. I am not sure this man would have ever returned to complain and I could have sat on it and possibly saved a black eye on the agency but the person I am would not allow me to do that.”
Conspiracy to deprive an individual of civil rights and deprivation of civil rights are crimes punishable by up to 10 years in prison.
The three arrested on January 15, 2015 by FBI agents and are now awaiting trial.
“Good policing practices are essential,” U.S. Attorney Stewart said. “Law enforcement strategies must be consistent with constitutional rights.”
“The protection of civil rights is one of the FBI’s highest criminal priorities,” stated Acting Special Agent in Charge John A. Barrios. “The FBI is committed to holding accountable those who believe they can abuse the powers they have been granted.”
3 Sheriff’s Deputies Charged with Beating Suspect on Camera
Respectfully submitted by Lawrence E. Rafferty (rafflaw) Weekend Contributor
It is always tragic when anyone is killed. It doesn’t matter if it is accidental or intentional. The tragedy of someone dying is universal. However, when the person killed by a Cleveland Police Officer is a 12-year-old, tragic just doesn’t seem to describe it correctly. You will probably recall the recent case out of Cleveland, Ohio where 12-year-old Tamir Rice was killed by Officer Timothy Loehmann.
Tamir Rice was shot while playing in a Cleveland park. A citizen called 911 and suggested that a juvenile was pointing a gun, which was probably a toy, at people in the park. When Officer Loehmann and his partner answered the call they saw Tamir playing on a swing with the “weapon” in the waistband of his pants. Released videos suggested that Officer Loehmann fired at Tamir within 1-2 seconds of arriving at the park…
WANTED: Kentucky Teens Suspected In String Of Burglaries, Car Thefts
By BRUCE SCHREINER and DYLAN LOVAN- The Associated Press
LEITCHFIELD, Ky. (AP) — Two Kentucky teenagers who vanished nearly two weeks ago are suspected in a multi-state crime spree that had police desperately searching for the couple — an 18-year-old and a 13-year-old girl he had been dating for months.
The Coalition of Immokalee Workers (CIW) and Fresh Market announce their Fair Food Program (FFP) partnership this week and steals the spotlight from Kroger and Whole Foods Market.
All the produce The Fresh Market now buys from Florida’s tomato growers year round will participate in the Fair Food Program that starts around 15% and will increase from 2015 onwards.
“This agreement truly takes the Fair Food Program to a new level,” said the CIW’s Guadalupe Gonzalo. “The FFP is pioneering a new form of social responsibility, one in which we as workers ourselves take a leading role in protecting our own rights in the fields.”
The Greensboro, N.C. based The Fresh Market Inc. seeks to support fair farm labor conditions and verifiable, worker-driven social responsibility in US agriculture.
Nationwide US agricultural workers visit workplace dangers daily and they range from: child labor, animal attacks, physical assault, racism, sexual harassment,rape, worker visa exploitation, withheld pay, passport confiscation, false deportation, human trafficking, environmental pollution, pesticides and harsh labor conditions.
“Kroger has also justified non-participation by insisting that you already buy from Fair Food Program farms,” said Mother. Paula Jackson Church of Our Savior. “…it is disingenuous to claim the remarkable strides of this program as a demonstration of Kroger’s commitment to human rights in its supply chain, when Kroger has been visibly absent from the table of farm workers, growers and retailers in designing the program which you now laud, and when 90% of Florida’s farms are participating in this program. Of course you’re likely buying from those farms. ”
Also in 2014, Whole Foods Market backed plans for the non-GMO food labels in all stores. By 2018, due to the GMO labels being required in the European Union, Whole Foods Market expects all modified food product labels to be marketed as modified.
The important new grocer precedent recognizes consumer support and supports farm workers and growers who make significant investments to improve the labor conditions on the largest market-share farms.
The Fresh Market’s commitment to make an annual financial contribution to support the Fair Food Standards Council (FFSC) organization oversees compliance with the Fair Food Program’s unique human rights standards.
“But we can’t do this alone,” Gonzalo. “The FFP is a day-to-day, careful partnership with farm growers and buyers alike aimed at ensuring that the workplace environment in Florida’s fields is second to none. We have achieved that goal.” Gonzalo. “— we have laid the groundwork to sustain and scale up those gains well into the future.”
FFSC includes investigates and resolves workers’ complaints, auditing farms for compliance with the Fair Food Code of Conduct and enforces the FFP’s standards.
“We are pleased to enter into this partnership with the Coalition of Immokalee Workers and to be a part of the Fair Food Program,” said Lee Arthur, The Fresh Market’s merchandising vice president – produce, floral and gift center. “We continuously look for ways to source the best products, and being a part of the FFP helps us to know we are sourcing from growers whose practices are fair and socially responsible. This allows us to provide our customers with food they can feel good about purchasing and enjoy sharing with friends and family.”
The Trans-Pacific Partnership (TPP) could cost us our internet freedom, labor rights, access to affordable medicine, the safety of our food, and protections that keep our water and air clean.
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Traceback:
How Will the TAFTA/TPP Affect Government Budgets?
George Kahale III, in Washington, D.C. around the end of March, brought his worst fears out of the dark and into the light for discussion as the highlight speaker for the Eighth Annual Juris Investment Treaty Arbitration Conference.
Also, one of the top trade and legal experts at the CATO Institute, he views the Trans-Atlantic Free Trade Agreement and its brother from hell the Trans-Pacific Partnership as an undue budget expense.
He suggests, both trade treaties aim to allow corporations to file damage claims against nations for refusing global corporations free access to natural resources and to pollute the environment to hell-scape levels.
However, this will leave large looming black holes that will be unaccountable in budgetary analysis for future planning. This places all the future of trade and governmental decision-making into the hands of greedy investors and corporations. Corporations’ bottom-line is to turn a profit at the expense and suffering of other human beings or the environment.
Kahale’s Dire warning serves as one of many primary examples of why corporate entities cannot be trusted to be allowed to privatize public and natural resources at the cost to individual liberty and national security.
This is also why we must find, utilize, implement and phase out the best national regulations of many nations. Each nation needs an civilian-driven independent global regulatory monitoring body with real power to reign in industry and unionize human labor on a global scale.
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