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The Sixth District holds that attacks to prior OVI convictions based on being uncounseled must be supported with some evidence, even if an affidavit, in the present case; and the Eleventh District holds that probable cause exists when a driver leaves the scene of an accident, gets his vehicle stuck in the mud, has beer cans in his truck, glassy, sleepy eyes, an odor of alcohol, seems confused, and refuses sobriety tests.
Read MoreOhio's December 2015 unemployment rate increased to 4.7% from 4.5% in November 2015 and the fourteen year low of 4.4% in October 2015, with the number of unemployed increasing from November by 14,000 to a total of 269,000.
Read MoreThe Ninth District declines to extend the limited waiver exception to unemployment benefits for union employees when "there is no termination package at issue, where the leave at issue could last indefinitely, and where the leave at issue was not contemplated as part of any collectively bargained agreement in the record."
Read MoreThe Fourth District holds that admission of a defendant's refusal to take a chemical test at trial does not violate a defendant's Fifth and Fourteenth Amendment rights, imposing an administrative license suspension and criminal penalties does not violate Double Jeopardy protections, and disagrees with the 11th District by concluding that courts need not accept defendants' offers to stipulate to prior OVI convictions.
Read MoreJob figures for December show a better than expected increase of jobs while the unemployment rate remained unchanged for the third month in a row, as did the numbers of long-term unemployed, involuntary part-time workers, and people marginally attached to the labor force.
Read MoreThe Twelfth District affirms a denial of unemployment benefits due to a resignation without just cause, declining to find a constructive discharge from being placed on the first step of progressive discipline even though the Employer told the employee that it did not think she was going to work out.
Read MoreThe Second District joins the Third, Eleventh, and Twelfth Districts in rejecting an equal protection challenge to the OVI Repeat Offender Specification statute, while the Eighth District's opinion finding an equal protection challenge is awaiting review with the Ohio Supreme Court.
Read MoreThe Third District holds that a criminal court may not modify a final judgment, including a sentence, nunc pro tunc except when the original sentence was void or it contains a clerical error.
Read MoreHappy New Years!!! 2016! As a child I believed we would be in a Jetsons futuristic age by 2016. We have electric and self-driving cars rather than flying cars, but I still have hopes for a foodarackacycle.
Play it safe during celebrations tonight and make it home safely to start 2016 well.
Read MoreThe Sixth District holds that a traffic stop is valid when a traffic violation is observed, even if the officer incorrectly issues a citation for a different traffic violation.
Read MoreThe Ninth District holds that ODJFS need not show intent to prove fraudulent misrepresentation, which can instead be proven by simply showing that (1) a claimant made a false statement, and (2) either knew or should have known that the statement was false.
Read MoreIt can be difficult to remain grounded through the Christmas season as distractions and pressures creep in. However, there is so much beauty available in this holiday if we allow that beauty in and follow it. I hope everyone enjoys their Christmas, giving thanks and love to those close to their heart. Merry Christmas!
Read MoreEmployees who have been terminated should try to discover whether their employer had a progressive discipline policy and review whether it was followed. If the employer did not follow their progressive discipline policy, there may be a good argument that it did not have just cause to terminate the employment relationship.
Read MoreThe 9th District holds that defendants who plead no-contest waive their right to challenge the sufficiency of the evidence, upholding a denial of a motion to suppress instead based on whether there is competent, credible evidence that a breath test was performed within three hours of an alleged violation.
Read MoreExperienced attorney with 19 years of legal expertise in OVI/DUI defense, criminal defense, labor union law, and employment law. Admitted to practice in Ohio, the U.S. District Courts for Northern and Southern Ohio, and the Sixth Circuit Court of Appeals.
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: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit, Counties, including the cities of Amherst, Avon, Avon Lake, Bay Village, Beachwood, Bedford, Bellevue, Berea, Brecksville, Brook Park, Brooklyn, Chagrin Falls, Chardon, Cleveland, Cleveland Heights, Clyde, Cuyahoga Heights, Elyria, Euclid, Fairview Park, Fremont, Garfield Heights, Gates Mills, Highland Heights, Huron, Independence, Kent, Lakewood, Linndale, Lorain, Lyndhurst, Maple Heights, Mayfield Heights, Mentor, Middleburg Heights, Newburgh Heights, North Olmsted, North Randall, North Ridgeville, Norwalk, Oberlin, Painesville, Parma, Pepper Pike, Port Clinton, Ravenna, Richmond Heights, Rocky River, Sandusky, Seven Hills, Shaker Heights, Sheffield Village, Sheffield Lake, South Euclid, Stow, Summit County, University Heights, Valley View, Vermilion, Westlake, Willoughby, and Woodville.
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