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The Fifth District rejects an argument that an OVI conviction should be overturned for assertions that impairment could be explained by childhood brain injury, a severe back injury, prostate cancer, the airbag went off in defendant's face, that flashing lights impaired ability to complete HGN, and Klonopin was taken after the accident.
Read MoreThe Fourth District holds that dentures are not foreign objects and that the accuracy of breath tests given to suspects with dentures in their mouth is a matter of weight, not admissibility, of the test results.
Read MoreThe Sixth District affirms that fault is an essential component to just cause and explains it, "will not disrupt the hearing officer's decision to accord more weight to claimant's live testimony over the appellant's hearsay evidence."
Read MoreDivorces and dissolutions are two methods of ending divorces in Ohio. Each has its own advantages and disadvantages, and each has its place.
Read MoreDefamation, including libel and slander, is an area of law with large grey areas. Having an understanding of the basic concepts can help you avoid being sued, as well as help you evaluate whether you might have a viable case.
Read MoreIn two cases, the Eleventh District holds that a motion to dismiss based on speedy trial revokes any prior speedy trial waivers; and a waiver of counsel at arraignment is insufficient to waive counsel at trial.
Read MoreThe Sixth District holds that attacks to prior OVI convictions based on being uncounseled must be supported with some evidence, even if an affidavit, in the present case; and the Eleventh District holds that probable cause exists when a driver leaves the scene of an accident, gets his vehicle stuck in the mud, has beer cans in his truck, glassy, sleepy eyes, an odor of alcohol, seems confused, and refuses sobriety tests.
Read MoreOhio's December 2015 unemployment rate increased to 4.7% from 4.5% in November 2015 and the fourteen year low of 4.4% in October 2015, with the number of unemployed increasing from November by 14,000 to a total of 269,000.
Read MoreThe Ninth District declines to extend the limited waiver exception to unemployment benefits for union employees when "there is no termination package at issue, where the leave at issue could last indefinitely, and where the leave at issue was not contemplated as part of any collectively bargained agreement in the record."
Read MoreThe Fourth District holds that admission of a defendant's refusal to take a chemical test at trial does not violate a defendant's Fifth and Fourteenth Amendment rights, imposing an administrative license suspension and criminal penalties does not violate Double Jeopardy protections, and disagrees with the 11th District by concluding that courts need not accept defendants' offers to stipulate to prior OVI convictions.
Read MoreJob figures for December show a better than expected increase of jobs while the unemployment rate remained unchanged for the third month in a row, as did the numbers of long-term unemployed, involuntary part-time workers, and people marginally attached to the labor force.
Read MoreThe Twelfth District affirms a denial of unemployment benefits due to a resignation without just cause, declining to find a constructive discharge from being placed on the first step of progressive discipline even though the Employer told the employee that it did not think she was going to work out.
Read MoreThe 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 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
https://www.BrianSmithLaw.com
Criminal Defense - DUI Defense - Unemployment Appeals - Union Labor Law
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal and OVI services areas include: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit, Counties, including the cities of Amherst, Avon, Avon Lake, Bay Village, Beachwood, Bedford, Bellevue, Berea, Brecksville, Brook Park, Brooklyn, Chagrin Falls, Chardon, Cleveland, Cleveland Heights, Clyde, Cuyahoga Heights, Elyria, Euclid, Fairview Park, Fremont, Garfield Heights, Gates Mills, Highland Heights, Huron, Independence, Kent, Lakewood, Linndale, Lorain, Lyndhurst, Maple Heights, Mayfield Heights, Mentor, Middleburg Heights, Newburgh Heights, North Olmsted, North Randall, North Ridgeville, Norwalk, Oberlin, Painesville, Parma, Pepper Pike, Port Clinton, Ravenna, Richmond Heights, Rocky River, Sandusky, Seven Hills, Shaker Heights, Sheffield Village, Sheffield Lake, South Euclid, Stow, Summit County, University Heights, Valley View, Vermilion, Westlake, Willoughby, and Woodville.
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