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Brian J. Smith, Attorney

Ohio Law Blog Archive

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Brian J. Smith, Attorney

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Ohio Law Bog Archives

  • February 2019 2
    • Feb 13, 2019 Receiving Unemployment After a Resignation Due to a Transfer of a Military Spouse Feb 13, 2019
    • Feb 1, 2019 Ohio Reinstatement Fee Amnesty Initiative Feb 1, 2019
  • January 2019 1
    • Jan 22, 2019 Ohio Marijuana DUI / OVIs Jan 22, 2019
  • May 2018 4
    • May 29, 2018 Homes and Their Curtilage Have Fourth Amendment Protections May 29, 2018
    • May 25, 2018 Motorcycle DUIs May 25, 2018
    • May 17, 2018 Constitutional Protections Extend to Rental Cars May 17, 2018
    • May 16, 2018 Independent Contractor or Employee? May 16, 2018
  • June 2017 1
    • Jun 22, 2017 Ohio DUI / Sobriety Checkpoints - The Law, The Rules and The Defenses Jun 22, 2017
  • April 2017 5
    • Apr 28, 2017 Union Labor Lawyers Apr 28, 2017
    • Apr 18, 2017 BMV Must Show They Complied with 4511.192 Rules or Administrative License Suspension Should Be Vacated Apr 18, 2017
    • Apr 10, 2017 Can You Get a DUI on a Golf Cart in Ohio? Apr 10, 2017
    • Apr 7, 2017 Overview of Field Sobriety Tests Apr 7, 2017
    • Apr 5, 2017 OVI Penalties Update Apr 5, 2017
  • March 2017 6
    • Mar 30, 2017 Successful Month for Our Unemployment Clients Mar 30, 2017
    • Mar 27, 2017 Update to DUI Driving Privileges Video Mar 27, 2017
    • Mar 22, 2017 Having Just a "Small" Odor of Alcohol Does Not Eliminate Reasonable Suspicion of Impaired Driving Mar 22, 2017
    • Mar 17, 2017 Seventh District Rejects Appeal of Court's Denial of an Untimely Motion to Suppress, When the Defendant Never Requested Leave to File the Untimely Motion Mar 17, 2017
    • Mar 16, 2017 Changes to Ohio's OVI Penalties Effective April 6, 2017 (HB 388 "Annie's Law") Mar 16, 2017
    • Mar 15, 2017 A State's Late Response to Discovery Justifies a Late Motion to Suppress Mar 15, 2017
  • January 2017 1
    • Jan 5, 2017 Ohio Supreme Court Says Expert Testimony Not Needed to Show Prescription Caused Impairment for OVI's Jan 5, 2017
  • December 2016 1
    • Dec 28, 2016 Probable Cause to Arrest for an OVI (Operating a Vehicle While Impaired) Requires Indications/Observations of Impairment Dec 28, 2016
  • November 2016 5
    • Nov 14, 2016 Out of State License an Indication of Impairment? - DUI News - 11/14/2016 Nov 14, 2016
    • Nov 13, 2016 Police may infer movement to charge a sleeping driver of a parked car with a DUI - DUI News - 11/13/2016 Nov 13, 2016
    • Nov 12, 2016 10th District Looks Only to Signs of Impairment, While Ignoring Signs Driver Was Not Impaired - DUI News - 11/12/2016 Nov 12, 2016
    • Nov 11, 2016 Probable Cause to Arrest Sole Occupant of Single Vehicle Accident, Even if Not Observed Driving - DUI News 11/11/2016 Nov 11, 2016
    • Nov 10, 2016 Officers May Stop Vehicles that Slow When They Pull Behind Them - DUI News - 11/10/2016 Nov 10, 2016
  • October 2016 7
    • Oct 22, 2016 Fair Hearing Denied - Prosecutor Gets Ruling Preventing Witness From Testifying Where the Were and Then Uses that Hole in Witnesses Testimony To Discredit Them - DUI News - 10/22/2016 Oct 22, 2016
    • Oct 21, 2016 6th District Holds There Was Reasonable Suspicion to Detain for Field Sobriety Testing, But Does Not Explain Why - DUI News - 10/21/2016 Oct 21, 2016
    • Oct 20, 2016 Deviations from Standardized Test Protocols OK, If Did not Impact Results - DUI News - 10/20/2016 Oct 20, 2016
    • Oct 19, 2016 Non-police Witness Testimony Sufficient for DUI Convictions - DUI News - 10/19/2016 Oct 19, 2016
    • Oct 18, 2016 Bloodshot Eyes, the Odor of Alcohol and an Admission to Drinking are Sufficient for Probable Cause - DUI News - 10/18/2016 Oct 18, 2016
    • Oct 17, 2016 Odor of Alcohol and Bloodshot Eyes Not Enough to Detain - DUI News - 10/17/2016 Oct 17, 2016
    • Oct 1, 2016 11th District Holds State Can't Take Plea to Misdemeanor OVI and then Charge Felony OVI - DUI News - 10/1/2016 Oct 1, 2016
  • September 2016 4
    • Sep 29, 2016 Fifth District Avoids Judicial Review of Police - DUI News - 9/29/2016 Sep 29, 2016
    • Sep 28, 2016 Marked Lane Violations Require More than a Tire Width Over the Line - DUI News - 9/28/2016 Sep 28, 2016
    • Sep 28, 2016 Absent a Policy or Prior Warnings, Termination for Using Work Computers for Personal Use Lacks Just Cause - Unemployment News - 9/28/2016 Sep 28, 2016
    • Sep 7, 2016 New Video - Ohio Criminal Defense Services Sep 7, 2016
  • August 2016 5
    • Aug 31, 2016 New Video - Receiving Unemployment Compensation After a Resignation Aug 31, 2016
    • Aug 27, 2016 New Video - DUI / OVI Driving Privileges Aug 27, 2016
    • Aug 27, 2016 Passing Field Sobriety Tests Does Not Stop Arrest - DUI News - 8/27/2016 Aug 27, 2016
    • Aug 26, 2016 Margin of Error in Alcohol Tests is a Weak Defense? - DUI News - 8/26/2016 Aug 26, 2016
    • Aug 25, 2016 New Video - What are Criminal Pretrials and What to Expect? Aug 25, 2016
  • July 2016 9
    • Jul 29, 2016 The Police Can Pull You Over, Even if They Don't Know Why, If the Court Can Find a Reason - DUI News - 7/29/2016 Jul 29, 2016
    • Jul 28, 2016 Breathalyzers With Pump Errors Must Be Taken Out of Service - DUI News - 7/28/2016 Jul 28, 2016
    • Jul 27, 2016 Employers and Unemployment Hearing Officers May Not Deny Benefits for Reasons Outside Those Given At the Time of Termination - Unemployment News- 7/27/2016 Jul 27, 2016
    • Jul 26, 2016 Shotgun Motions to Suppress Are a Real Thing in Cincinnati - DUI News - 7/26/2016 Jul 26, 2016
    • Jul 25, 2016 Employers Must Show Reliable, Substantial and Probative Evidence of Their Case - Unemployment News - 7/25/2016 Jul 25, 2016
    • Jul 23, 2016 OVI Convictions for Refusing to Submit to Blood Tests Are Unconstitutional - DUI News - 7/23/2016 Jul 23, 2016
    • Jul 22, 2016 Refusing a Breath Test and Offering to Take a Urine Test is Still an OVI Refusal - DUI News - 7/22/2016 Jul 22, 2016
    • Jul 21, 2016 No-Contest Pleas in Misdemeanor Cases Must Include an Explanation of the Facts, or the Defendant Should be Acquitted - DUI News - 7/21/2016 Jul 21, 2016
    • Jul 20, 2016 Failing to Blow Properly Into Breathalyzer is a Refusal - DUI News - 7/20/2016 Jul 20, 2016
  • June 2016 7
    • Jun 15, 2016 Unemployment After Termination for Poor Performance Jun 15, 2016
    • Jun 13, 2016 Unemployment Eligibility After Termination for Absenteeism Jun 13, 2016
    • Jun 9, 2016 Testimony From Out-Of-Uniform Officer Admissible - DUI News - 6/9/2016 Jun 9, 2016
    • Jun 8, 2016 When Field Sobriety Tests Are Improper, Results Are Suppressed - DUI News - 6/8/2016 Jun 8, 2016
    • Jun 7, 2016 60 Days and 3 Year License Suspension for 1st Time OVI - DUI News - 6/7/2016 Jun 7, 2016
    • Jun 3, 2016 Trial Court Can Infer Operating a Vehicle for an OVI Conviction - DUI News - 06/03/2016 Jun 3, 2016
    • Jun 2, 2016 State Must Show Nexus Between Prescription and Impairment - DUI News - 06/02/16 Jun 2, 2016
  • May 2016 3
    • May 7, 2016 Doing Well On Field Sobriety Tests Does Not Stop Arrests - DUI News - 5/7/2016 May 7, 2016
    • May 6, 2016 Trial Court Exceeded Its Authority When it Modified Sentences that Had Been Affirmed on Appeal - DUI News - 5/6/2016 May 6, 2016
    • May 5, 2016 McDonalds Turning in Drive-Through Customers - DUI News - 5/4/2016 May 5, 2016
  • April 2016 16
    • Apr 28, 2016 State Must Obtain Warrant Before Requiring Alcohol Blood Tests at Hospital - DUI News - 4/28/2016 Apr 28, 2016
    • Apr 22, 2016 Mistake of Law is No Excuse, Unless You Are the Police - DUI News - 4/22/2016 Apr 22, 2016
    • Apr 20, 2016 Take it Easy on That Cologne Or You Might Be Tested For a DUI - DUI News - 4/20/2016 Apr 20, 2016
    • Apr 19, 2016 Ohio Unemployment Rates by County Apr 19, 2016
    • Apr 19, 2016 Am I my brother's keeper? - Unemployment News - 4/19/2016 Apr 19, 2016
    • Apr 18, 2016 Motorcycle Passenger Turn Signals Not Good Enough - DUI Appeals - 4/18/2016 Apr 18, 2016
    • Apr 16, 2016 Ohio Unemployment Rate Apr 16, 2016
    • Apr 15, 2016 Ohio Supreme Court Settles Habitual OVI Offender Sentencing - DUI Appeals Reports - 4/15/2016 Apr 15, 2016
    • Apr 15, 2016 Ohio Unemployment Rate for March 2016 Released Apr 15, 2016
    • Apr 14, 2016 Hospital Blood Tests Can Be Used for OVIs When They Do Not Substantially Comply with ODH Regulations - DUI Appeals Reports - 4/14/2016 Apr 14, 2016
    • Apr 13, 2016 Being Placed in a Police Car While Denied Use of a Cellphone is Not an Arrest - DUI Appeals Reports - 4/13/2016 Apr 13, 2016
    • Apr 11, 2016 Tow Drivers Need to Earn Livings Too - DUI Appeal Report - 4/11/2016 Apr 11, 2016
    • Apr 10, 2016 Prior Convictions Are OK, Even if Obtained Without the Defendant Present - DUI Appeal Reports - 04/10/2016 Apr 10, 2016
    • Apr 9, 2016 Urine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016 Apr 9, 2016
    • Apr 8, 2016 Cleaning Preschools - Unemployment Appeals - 04/08/16 Apr 8, 2016
    • Apr 7, 2016 Resigning Due to Harassment - Unemployment Appeals 4/7/2016 Apr 7, 2016
  • March 2016 11
    • Mar 23, 2016 DUI Appeals Reports 3/23/16 Mar 23, 2016
    • Mar 22, 2016 Ohio Unemployment Rates By County Mar 22, 2016
    • Mar 21, 2016 Unemployment Appeals Reports 3/21/16 Mar 21, 2016
    • Mar 18, 2016 DUI Appeals Reports 3/18/16 Mar 18, 2016
    • Mar 18, 2016 Ohio Unemployment Rate for February 2016 Released Mar 18, 2016
    • Mar 17, 2016 Unemployment Appeals Reports 3/17/16 Mar 17, 2016
    • Mar 17, 2016 DUI Appeals Reports 3/17/16 Mar 17, 2016
    • Mar 14, 2016 Unemployment Appeals Reports 3/12/16 Mar 14, 2016
    • Mar 11, 2016 DUI Appeals Reports 3/11/16 Mar 11, 2016
    • Mar 11, 2016 Unemployment Appeals Reports 3/11/16 Mar 11, 2016
    • Mar 4, 2016 Ohio Unemployment Rate for January 2016 Released Mar 4, 2016
  • February 2016 8
    • Feb 23, 2016 DUI Appeals Reports 02/23/16 Feb 23, 2016
    • Feb 22, 2016 DUI Appeals Reports 02/22/16 Feb 22, 2016
    • Feb 21, 2016 DUI Appeals Reports 02/21/16 Feb 21, 2016
    • Feb 19, 2016 DUI Appeals Reports 02/19/16 Feb 19, 2016
    • Feb 8, 2016 Unemployment Appeals Reports 2/8/16 Feb 8, 2016
    • Feb 5, 2016 Divorces and Dissolutions Feb 5, 2016
    • Feb 4, 2016 Defamation: An Overview of Slander and Libel in Ohio Feb 4, 2016
    • Feb 3, 2016 DUI Appeals Reports 02/03/16 Feb 3, 2016
  • January 2016 8
    • Jan 31, 2016 DUI Appeals Reports 01/31/16 Jan 31, 2016
    • Jan 24, 2016 Ohio Unemployment Rate for December 2015 Released Jan 24, 2016
    • Jan 15, 2016 Unemployment Appeals Reports 01/15/16 Jan 15, 2016
    • Jan 12, 2016 DUI Appeals Reports 01/12/16 Jan 12, 2016
    • Jan 8, 2016 National Employment Figures Show Increase in Jobs though Stagnant Unemployment Rate Jan 8, 2016
    • Jan 6, 2016 Unemployment Appeals Reports 01/06/16 Jan 6, 2016
    • Jan 4, 2016 DUI Appeals Reports 01/04/16 Jan 4, 2016
    • Jan 1, 2016 DUI Appeals Reports 01/01/16 Jan 1, 2016
  • December 2015 14
    • Dec 31, 2015 Happy New Years!!! Dec 31, 2015
    • Dec 30, 2015 DUI Appeals Reports 12/30/15 Dec 30, 2015
    • Dec 28, 2015 Unemployment Appeals Reports 12/28/15 Dec 28, 2015
    • Dec 25, 2015 Merry Christmas Dec 25, 2015
    • Dec 23, 2015 Progressive Discipline and Unemployment Dec 23, 2015
    • Dec 21, 2015 DUI Appeals Reports 12/21/15 Dec 21, 2015
    • Dec 18, 2015 Ohio Unemployment Rate for November 2015 Released Dec 18, 2015
    • Dec 18, 2015 Unemployment Appeals Reports Dec 18, 2015
    • Dec 17, 2015 DUI Appeals Report 12/17/15 Dec 17, 2015
    • Dec 11, 2015 House Bill 388 Proposes Extending Lookback For DUI's Dec 11, 2015
    • Dec 9, 2015 DUI Appeals Reports 12/9/15 Dec 9, 2015
    • Dec 7, 2015 DUI Appeals Reports 12/7/2015 Dec 7, 2015
    • Dec 4, 2015 Unemployment Requires Attempts to Correct Problems Before Resigning Dec 4, 2015
    • Dec 2, 2015 DUI Appeals Reports 12/2/15 Dec 2, 2015
  • November 2015 8
    • Nov 30, 2015 Parental and Family Obligations Disqualify Unemployment Eligibility Nov 30, 2015
    • Nov 28, 2015 DUI Appeals Reports 11/28/15 Nov 28, 2015
    • Nov 26, 2015 Happy Thanksgiving Nov 26, 2015
    • Nov 24, 2015 DUI Appeal Reports 11/24/2015 Nov 24, 2015
    • Nov 23, 2015 Solving Unemployment by Abandoning the Unemployed Nov 23, 2015
    • Nov 22, 2015 Ohio Unemployment Rate for October 2015 Released Nov 22, 2015
    • Nov 21, 2015 DUI Appeals Reports 11/21/15 Nov 21, 2015
    • Nov 20, 2015 Introduction Nov 20, 2015
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Brian J. Smith, Attorney

I 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.

 

800-641-1970

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Associations
AVVO Clients' Choice Award 2017
DUI Defense Lawyers Association
National College of DUI Defense
American Association of Premier DUI Attorneys
The Parma Bar Association
Cleveland Metropolitan Bar Association
West Shore Bar Association
Ohio Association of Criminal Defense Lawyers
Ohio State Bar Association
Lorain County Bar Association
Ohio Employment Lawyers Association
DuI Defense Lawyers Association
Winning DUI Cases
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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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