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Ohio Unemployment will generally disqualify an individual from benefits if they refuse an offer to return to work. Many people have concerns about returning to work during COVID-19, but they do not want to lose their unemployment benefits. Governor Dewine provided some relief for such high risk individuals.
Read MoreGoing to Put-in-Bay or Kelley’s Island this summer? Taking a ferry and renting a golf cart to tour around? You might get charged with a DUI if you drink and drive on that golf cart, just as people have been charged at golf courses and campgrounds. Being charged with an OVI/DUI for driving a golf cart raises two issues. First, can it be a DUI if you were only driving a golf cart? Second, is it a DUI if you were on private property such a campground or golf course?
Read MoreState uses Florida drivers' license as justification for completing field sobriety tests without explanation.
Read More10th District focuses on positive clues for impairment to find probable cause, while ignoring all clues that show a lack of impairment.
Read MoreThe Fifth District Holds that, although bloodshot eyes and the odor of alcohol are not enough for reasonable suspicion to conduct field sobriety tests, if there is an admission to drinking there is probable cause to arrest regardless of field sobriety tests.
Read MoreEmployees 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.
Read MoreFifth District affirms an OVI conviction without any witness to the defendant operating the vehicle.
Read MoreFourth District confirms that, for an OVI based on a prescription medication, the State must show a nexus between the prescription and impairment through "(1) the testimony of an expert who is familiar with the potential side effects of the medication" or (2) the testimony of a layperson (such as a friend or family member) who witnesses the effect of the particular drug on the defendant-driver."
Read MoreThird District holds that anonymous tips given to a McDonald's worker who then calls the police should not be analyzed as anonymous tips.
Read MoreOhio'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 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 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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