Passing Field Sobriety Tests Does Not Stop Arrest - DUI News - 8/27/2016
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The 9th District concludes that the State had probable cause to arrest for a marijuana OVI, despite the defendant passing the field sobriety tests and the officer smelling only raw marijuana.
Read MoreMargin of Error in Alcohol Tests is a Weak Defense? - DUI News - 8/26/2016
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The Fifth District upholds conviction when officer claimed the defendant went back and forth across a marked center line but video did not show the same, and when conviction required an alcohol content of 0.238 and defendant's alcohol content ranged between 0.21 and 0.27 based on the test and margin of error.
Read MoreThe Police Can Pull You Over, Even if They Don't Know Why, If the Court Can Find a Reason - DUI News - 7/29/2016
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The Second District upholds a traffic stop where the officer initiates the stop under the erroneous belief that the driver was committing a lanes of travel violation of R.C. 4511.25, because the court believed he could have initiated the stop for a marked lanes violation ofR.C. 4511.33.
Read MoreBreathalyzers With Pump Errors Must Be Taken Out of Service - DUI News - 7/28/2016
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The Fourth District confirms that breath test results should be suppressed when the breathalyzer showed a pump error field sobriety tests must be suppressed when no evidence is presented regarding what the accepted (NHTSA) standards are.
Read MoreEmployers and Unemployment Hearing Officers May Not Deny Benefits for Reasons Outside Those Given At the Time of Termination - Unemployment News- 7/27/2016
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The 11th District affirms that the Unemployment Compensation Review Commission and its hearing officers are "not permitted to reference a reason for the claimant's discharge other than the reason stated by the employer."
Read MoreShotgun Motions to Suppress Are a Real Thing in Cincinnati - DUI News - 7/26/2016
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The 1st District relies on its legal theory of a "Shotgun Motion to Suppress," to reduce the state's burden to merely "general and slight" when showing substantial compliance with field sobriety tests.
Read MoreEmployers Must Show Reliable, Substantial and Probative Evidence of Their Case - Unemployment News - 7/25/2016
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The 8th District holds that the CMHA lacked sufficient evidence to terminate an employee with just cause for taking an application envelope out of an office, when it could not should which envelope the employee took out of the office.
Read MoreOVI Convictions for Refusing to Submit to Blood Tests Are Unconstitutional - DUI News - 7/23/2016
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The Supreme Court holds that OVI convictions for refusing to submit to blood tests are unconstitutional, but similar convictions for refusing to submit to breath tests are ok.
Read MoreRefusing a Breath Test and Offering to Take a Urine Test is Still an OVI Refusal - DUI News - 7/22/2016
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The 8th District holds that it is still an OVI refusal when a person refuses a breath test but offers to take a urine test because, "it was not her option to decide which test would be administered."
Read MoreNo-Contest Pleas in Misdemeanor Cases Must Include an Explanation of the Facts, or the Defendant Should be Acquitted - DUI News - 7/21/2016
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The 8th District concluded that, absent an explicit waiver, a trial court must call for an explanation of the facts. If it does not, and the Defendant appeals, the charge should be dismissed and the Defendant acquitted due to double jeopardy protections.
Read MoreFailing to Blow Properly Into Breathalyzer is a Refusal - DUI News - 7/20/2016
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The Fifth District upholds a conviction for a refusal OVI after the defendant attempted to take a breath test that did not produce a valid sample, even though police did not subsequently offer a urine test.
Read MoreUnemployment After Termination for Poor Performance
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Employees will be ineligible for unemployment compensation when terminated for poor performance and the employer shows: (1) the employee does not perform required work; (2) the employer made its expectations known at the time of hire; (3) those expectations are reasonable; and (4) the requirements of the job have not changed since the date of hire.
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