December 09, 2015

DUI Appeals Reports 12/9/15

December 09, 2015/ Brian Smith

The 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.

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."

December 04, 2015

Unemployment Requires Attempts to Correct Problems Before Resigning

December 04, 2015/ Sivinski Law Offices, ltd/ Brian Smith

To qualify for unemployment after a resignation, an employee should first notify their employer of the problems they are experiencing at work and give the employer an opportunity to correct them. Documentation is important as well.

December 02, 2015

DUI Appeals Reports 12/2/15

December 02, 2015/ Brian Smith

In three recent appellate court decisions, The 9th District rejected an ineffective assistance claim because it relied on evidence outside the record, the 11th District affirmed a motion to suppress when a trooper pulled over a car for a license plate light but failed to check it during the traffic stop, and the 10th District rejected a speedy trial appeal due to tolling and addressed attempts to introduce testimony about the statistical probability of BAC levels with field sobriety tests, without providing an expert.

November 30, 2015

Parental and Family Obligations Disqualify Unemployment Eligibility

November 30, 2015/ Sivinski Law Offices, ltd/ Brian Smith

Ohio unemployment benefits will be denied to those who are forced to quit due to family obligations. As a result, employers are able to change schedules regardless of the impact on an employee and their need to care for their children, and the employee who finds themselves with the Hobson's choice of abandoning their children to keep their job, or resigning and being left without unemployment compensation to care for their family while they search for new work.

November 28, 2015

DUI Appeals Reports 11/28/15

November 28, 2015/ Brian Smith

The Ohio Supreme Court holds that "a trial court may impose cumulative sentences for both aggravated vehicular assault in violation of R.C. 2903.08(A)(1)(a) and operating a motor vehicle under the influence of alcohol or drugs ("OVI") in violation of R.C. 4511.19(A)(1)(a) when the offense of operating a vehicle while under the influence is the predicate conduct for aggravated vehicular assault."

November 26, 2015

Happy Thanksgiving

November 26, 2015/ Brian Smith

I hope we all will give thanks sincerely, spending today helping our family, friends, pets, and neighbors no matter how distant, to know that we are thankful for them.

November 24, 2015

DUI Appeal Reports 11/24/2015

November 24, 2015/ Sivinski Law Offices, ltd/ Brian Smith

The 8th District reaffirms that the maximum sentence for a third-degree felony OVI without a specification conviction is 3 years while the 5th District holds there is reasonable suspicion to stop a bicyclist who rides in the middle of the road, then rides into an OVI checkpoint, but jumps out of the checkpoint by riding his bicycle over the curb and on to the sidewalk.

November 23, 2015

Solving Unemployment by Abandoning the Unemployed

November 23, 2015/ Sivinski Law Offices, ltd/ Brian Smith

The unemployed worker still finds hurdles when searching for suitable employment where they live in the best of economies, let alone Ohio's economy. Even with unemployment benefits, they face foreclosures, evictions, and repossessions. Without the benefits, the blunt truth is that many will face homelessness and hunger.

November 22, 2015

Ohio Unemployment Rate for October 2015 Released

November 22, 2015/ Brian Smith

The Ohio Department of Jobs and Family Services released the unemployment rate for October 2015, reporting that it decreased to 4.4% from 4.5% in September. This is also down from 5.2% in October 2014. The October 2015 rate is reported to be the lowest since 2001.

November 21, 2015

DUI Appeals Reports 11/21/15

November 21, 2015/ Brian Smith

Two cases from the 11th District, granting an appeal in one case after the trial court admitted into evidence a defendant's prior OVI convictions over his offer to stipulate to the prior convictions, and modifying a sentence in a second case after misapplication of the sentencing statutes.

November 20, 2015

Introduction

November 20, 2015/ Sivinski Law Offices, ltd/ Brian Smith

I expect the blog to grow and expand from my initial goal of providing resources and insight based on the legal areas in which I practice, whether that be case notes about new DUI appeals decisions, news of unemployment rates and legislation, union labor law issues, or updates and trivia about the other areas I practice. Furthermore, I expect to reach beyond those legal resources and also share observations and anecdotes of the experiences of a lawyer's life and the people served.