Brian J. Smith, Attorney

Smith's Ohio Legal Blog

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June 02, 2016

State Must Show Nexus Between Prescription and Impairment - DUI News - 06/02/16

June 02, 2016/ Sivinski Law Offices, ltd/ Brian Smith

Fourth 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."

December 07, 2015

DUI Appeals Reports 12/7/2015

December 07, 2015/ Sivinski Law Offices, ltd/ Brian Smith

The Fourth District upholds the dismissal of OVI charges against a person who admitted to taking prescription medications, because the State did not "present some evidence of how the particular medication actually affects the defendant or that the particular medication has the potential to impair a person's judgment or reflexes."

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.

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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
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