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10th District focuses on positive clues for impairment to find probable cause, while ignoring all clues that show a lack of impairment.
Read MoreDriving slow when an officer pulls behind may be a reason to initiate a traffic stop.
Read MoreThe 10th District agrees with the Defendant that the trial court completed several errors in its evidentiary rulings that prevented a fair trial.
Read MoreTestimony From Out-Of-Uniform Officer Admissible - DUI News - 6/9/2016
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 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 MoreIn three recent appellate court decisions, The 9th District rejected an ineffective assistance claim because it relied on evidence outside the record, the 11th District affirmed a motion to suppress when a trooper pulled over a car for a license plate light but failed to check it during the traffic stop, and the 10th District rejected a speedy trial appeal due to tolling and addressed attempts to introduce testimony about the statistical probability of BAC levels with field sobriety tests, without providing an expert.
Read MoreI am an attorney with Sivinski Law Offices, providing legal representation for labor and employment issues, criminal defense, DUI defense, and family law. I am admitted to practice in the State of Ohio, the United States District Court for the Northern and Southern Districts of Ohio, and the United States Court of Appeals for the Sixth Circuit.
I am also a father ofthree lively children, a member of St. Peter's Catholic church in Huron, and we enjoy all opportunities to get outdoors to cycle, hike, fish, play catch with our redbone coonhound Duke, barbecue, and to explore my enjoyment of photography.
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
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