News, updates, resources, stories, and help from an Ohio attorney through a Blog.
The United States Supreme Court recently issued a decision in Collins v. Virginia that confirmed that the area immediately surrounding a home (i.e., the curtilage) receives the same protection from searches and seizures as the home itself, even if an automobile or motorcycle is parked in the curtilage.
Read MoreThe National Highway Traffic Safety Administration (NHTSA) has developed "clues" of impairment specifically related to motorcycles. NHTSA has grouped these into what it considers excellent clues and good clues.
Read MoreDrivers of rental cars, even if not on the rental agreement, have constitutional protections against unreasonable searches and seizures.
Read MoreHow to determinate if you are an independent contractor or employee?
Read MoreSobriety checkpoints do infringe upon our Constitutional rights and protections. An experienced DUI Defense Lawyer will evaluate how the DUI checkpoint was planned and how it was conducted to develop the best arguments against the checkpoint. Furthermore, even if conducted properly, the police may not detain for further screening without a reasonable suspicion based on articulable facts that the driver is impaired and it may not arrest without probable cause to believe the driver is impaired.
Read MoreWe updated our Ohio Union Labor Law page at the firm. It is certainly an area of law that we are proud to serve in.
Although R.C. 4511.197 limits challenges to administrative license suspensions to four conditions, the State must show that it complied with 4511.192 before the licensee is required to show the 4511.197 challenges.
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 MoreOverview of the one-leg-stand and walk-and-turn field sobriety tests.
Read MoreWith the changes to OVI penalties taking effect April 6, 2017, we have updated our OVI penalty webpage as well as this video:
Read MoreSuccessful month for our unemployment clients
Read MoreNumerous factors indicating impairment give trooper reasonable suspicion to prolong traffic stop even though he only detected a "small" odor of alcohol.
Read MoreOne must request leave of court to file an untimely motion to suppress.
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://BrianSmithLaw.com
Criminal Defense - DUI Defense - Unemployment Appeals - Family Law - Union Labor Law
Unemployment Appeals and Union Labor Law service areas include the State of Ohio.
Criminal, OVI, and Family Law services areas include: Cuyahoga, Erie, Huron, Ottawa, Lorain, Lake, Medina, Sandusky and Geauga Counties
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