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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 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 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 First District joins the Second, Third, Eleventh, and Twelfth Districts in rejecting an Eighth District opinion finding the repeat OVI offender specification unconstitutional.
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 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
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: Cuyahoga, Erie, Huron, Ottawa, Lorain, Lake, Medina, Sandusky and Geauga Counties
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