Tow Drivers Need to Earn Livings Too - DUI Appeal Report - 4/11/2016
/The 9th District finds a tow truck driver to be a known citizen informant whose tip is sufficiently reliable to justify a traffic stop.
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The 9th District finds a tow truck driver to be a known citizen informant whose tip is sufficiently reliable to justify a traffic stop.
Read MoreThe Twelfth District holds that collateral attacks of prior convictions during felony OVI cases are limited to violations of the right to counsel.
Read MoreThe Ohio Supreme Court held that, despite the administrative code requiring refrigeration of urine and blood samples, the State substantially complies if the samples are unrefrigerated for as long as five hours, while providing clarification for the burden shifting tests for substantial compliance with OVI testing.
Read MoreThe First District concludes that, when presented with conflicting evidence, the Review Commission's decision awarding benefits should not be disturbed, affirming that, "the fact that reasonable minds might reach different conclusions is not basis for the reversal of the [hearing officer's] decision."
Read MoreThe Tenth District holds that a police officer who filed sexual harassment complaints lacks just cause to resign due to a purported failure to give the employer an adequate opportunity to resolve her complaints.
Read MoreThe 9th District avoids an evaluation of the constitutionality of the OVI repeat offender specification by holding the trial court erred in granting motions to dismiss, before the defendants were found guilty of or sentenced to the specification.
Read MoreOhio Unemployment Rates By County for February 2016
Read MoreThe Sixth District holds that proof that an employer terminated striking employees by replacing them with permanent replacements does not necessarily require written notice to the employees that they are permanently replaced, and therefore such employees became eligible for unemployment compensation on the date that the employer actually intended to, and began to, permanently replace them.
Read MoreThe First District joins the Second, Third, Eleventh, and Twelfth Districts in rejecting an Eighth District opinion finding the repeat OVI offender specification unconstitutional.
Read MoreOhio's February 2016 unemployment rate remained unchanged from January 2016 at 4.9%. This is an increase from 4.8% for December and 4.5% for November 2015. It had reached a fourteen year low of 4.4% in October 2015. The number of unemployed increased from January by 6,000 to a total of 285,000. The largest losses in jobs were state government losing 2,800 jobs, manufacturing losing 2,300, and leisure and hospitality reduced by 2,200.
Read MoreThe Sixth District affirms a UCRC decision granting unemployment benefits to an individual accused of violating a cellphone policy, where the hearing officer gave more credibility to the claimant's testimony during the hearing than to hearsay statements relied upon by the employer.
Read MoreThe Sixth District departs from prior holdings, bringing itself in line with other appellate courts, by holding that when a trial court does not follow R.C. 2937.07 by failing to obtain an explanation of the circumstances of an offense when accepting a no contest plea, the defendant should be acquitted rather than having the case simply remanded.
Read MoreThe Second District holds that an employer lacks just cause to terminate an employee for refusing to stop taking prescription morphine, even if he does not ask the doctor for alternative treatments. Additionally, an employer may not justify reasons for a termination other than those actually used.
Read MoreThe 11th District holds that the OVI repeat offender specification is Constitutional and the only grounds to challenge prior convictions must be based on a lack of counsel, while the 12th District holds that the speedy trial clock for subsequent OVI charges based on chemical tests does not begin to run at the time of the original OVI charge.
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
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