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The Second District joins the Third, Eleventh, and Twelfth Districts in rejecting an equal protection challenge to the OVI Repeat Offender Specification statute, while the Eighth District's opinion finding an equal protection challenge is awaiting review with the Ohio Supreme Court.
Read MoreThe Third District holds that a criminal court may not modify a final judgment, including a sentence, nunc pro tunc except when the original sentence was void or it contains a clerical error.
Read MoreHappy New Years!!! 2016! As a child I believed we would be in a Jetsons futuristic age by 2016. We have electric and self-driving cars rather than flying cars, but I still have hopes for a foodarackacycle.
Play it safe during celebrations tonight and make it home safely to start 2016 well.
Read MoreThe Sixth District holds that a traffic stop is valid when a traffic violation is observed, even if the officer incorrectly issues a citation for a different traffic violation.
Read MoreThe Ninth District holds that ODJFS need not show intent to prove fraudulent misrepresentation, which can instead be proven by simply showing that (1) a claimant made a false statement, and (2) either knew or should have known that the statement was false.
Read MoreIt can be difficult to remain grounded through the Christmas season as distractions and pressures creep in. However, there is so much beauty available in this holiday if we allow that beauty in and follow it. I hope everyone enjoys their Christmas, giving thanks and love to those close to their heart. Merry Christmas!
Read MoreEmployees who have been terminated should try to discover whether their employer had a progressive discipline policy and review whether it was followed. If the employer did not follow their progressive discipline policy, there may be a good argument that it did not have just cause to terminate the employment relationship.
Read MoreThe 9th District holds that defendants who plead no-contest waive their right to challenge the sufficiency of the evidence, upholding a denial of a motion to suppress instead based on whether there is competent, credible evidence that a breath test was performed within three hours of an alleged violation.
Read MoreOhio's November 2015 unemployment rate increased slightly to 4.5% from a fourteen year low of 4.4% in October, with the number of unemployed increasing from October by 6,000 to a total of 255,000.
Read MoreThe Tenth District relies on its limited standard of review for unemployment compensation cases to reject an appeal of a denial of unemployment compensation to an employee who had been approved during her determination, redetermination, and hearing, only to find herself denied after a rehearing.
Read MoreThe 5th District holds that a police officer can detain a driver after an alleged hit and skip even when there is no obvious damage to the vehicles, and a person refuses a urine test when only attempting to provide a sample for 5 minutes without asking to try again; the 10th District rejects a constitutional challenge to the per se marijuana OVI statute; the 5th District concludes there is reasonable suspicion to conduct field sobriety tests when there are driving violations, eyes were bloodshot and glassy, there was an odor of alcohol coming the vehicle and the defendant outside of the vehicle, it was 11:35 p.m. on a Friday evening, and the defendant admitted to just leaving a bar; and the 11th District uses res judicata to reject constitutional challenges to the OVI specification when brought on a motion for post-conviction relief.
Read MoreHouse Bill 388 Proposes Extending Lookback For DUI's
Read MoreThe 1st District overturns a high tier conviction OVI conviction because it had been improperly amended from a low tier charge, the 12th District confirms that OVI and aggravated vehicular homicide charges need not be merged, the 11th District holds that the repeat OVI offender specification does not violated the Constitution, and the 12th District holds that tampering with drugs is not a crime when it is done during an impaired driving/bar fight investigation.
Read MoreThe Fourth District upholds the dismissal of OVI charges against a person who admitted to taking prescription medications, because the State did not "present some evidence of how the particular medication actually affects the defendant or that the particular medication has the potential to impair a person's judgment or reflexes."
Read MoreExperienced attorney with 20 years of legal expertise in OVI/DUI defense, criminal defense, labor union law, and employment law. Admitted to practice in Ohio, the U.S. District Courts for Northern and Southern Ohio, and the Sixth Circuit Court of Appeals.
by Brian J. Smith, Esq
The Law Offices of Brian J. Smith, ltd.
20545 Center Ridge Road, Suite 215, Rocky River, Ohio 44116
800-641-1970
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Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
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