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The Ohio Supreme Court has ruled that a Geauga County judge can prohibit a woman convicted of misdemeanor theft from using drugs or alcohol as part of her probation.

In a unanimous decision, the Court reversed a lower appeals court and said the restrictions were allowed under state law. Susan Ballish had argued because alcohol played no role in her theft offense, the court shouldn’t have been able to ban her from bars or require drug and alcohol monitoring.

But the Supreme Court noted Ballish had a recent DUI conviction and added Ohio law specifically allows judges to impose drug and alcohol restrictions as part of community control, or probation.

Justices also clarified when a condition is specifically authorized by law, like drug and alcohol monitoring, it doesn’t have to pass an older legal test used in other probation cases.

The ruling reinstates the probation conditions originally ordered by the trial court.

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Tina Heiberg

Tina Heiberg

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