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The Fifth District holds that the strong odor of cologne put on when leaving a bar is a factor in determining reasonable suspicion and probable cause.
Read MoreCompany found to have just cause to terminate its president when he is absent from work due to a heart attack and other medical concerns, when he did not turn in medical documentation even though he was never requested to do so by his brother, the vice-president.
Read MoreTraffic stop of motorcycles for failure to give turn signals OK, even if officers cannot see whether hand signals were given? Fifth District says yes, at least when the defendant reports the hand signals were given by a passenger.
Read MoreOhio Supreme Court affirms the OVI Habitual Offender Specification found in the R.C. 2941.1413.
http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-1092.pdf
March 22, 2016
Klembus was sentenced to one year for a Fourth Degree Felony OVI and one year for the repeat-OVI specification, to be served consecutively. He appealed, and the Eighth District agreed, holding that the repeat OVI offender specification violated equal protection because OVI penalty and the specification require identical proof yet impose different penalties. Subsequently, the First, Second, Third, Eleventh, and Twelfth Districts rejected the Eighth District opinion.
The Ohio Supreme Court reversed the Eighth District, and in upholding the specification reasoned, "The possibility of longer prison sentences for those who continue to violate Ohio's OVI statute is rationally related to the state's legitimate interest in punishing offenders and protecting the public from the dangers of impaired driving."
If you are interested in criminal defense services, or have been charged with an OVI, consider reviewing our DUI Defense Services at http://SivinskiLegal.com
Ohio's March 2016 unemployment rate increased to 5.1% from 5.0% in February, continuing a steady climb since the fourteen year low of 4.4% in October 2015.
Read MoreThird District holds that an individual receiving treatment after an auto accident can refuse a blood alcohol test by the police, but the health care provider's own blood test used for treatment will still be admissible even if it does not substantially comply with ODH regulations like the police test would have to.
Read MoreThe First District holds that a woman, placed in a police car, and denied use of her cellphone, is not under arrest until the police officer intends to put her under arrest.
Read MoreThe 9th District finds a tow truck driver to be a known citizen informant whose tip is sufficiently reliable to justify a traffic stop.
Read MoreThe Twelfth District holds that collateral attacks of prior convictions during felony OVI cases are limited to violations of the right to counsel.
Read MoreThe Ohio Supreme Court held that, despite the administrative code requiring refrigeration of urine and blood samples, the State substantially complies if the samples are unrefrigerated for as long as five hours, while providing clarification for the burden shifting tests for substantial compliance with OVI testing.
Read MoreThe First District concludes that, when presented with conflicting evidence, the Review Commission's decision awarding benefits should not be disturbed, affirming that, "the fact that reasonable minds might reach different conclusions is not basis for the reversal of the [hearing officer's] decision."
Read MoreThe Tenth District holds that a police officer who filed sexual harassment complaints lacks just cause to resign due to a purported failure to give the employer an adequate opportunity to resolve her complaints.
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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