Ohio Supreme Court Settles Habitual OVI Offender Sentencing - DUI Appeals Reports - 4/15/2016

/ Sivinski Law Offices,ltd/

Ohio Supreme Court affirms the OVI Habitual Offender Specification found in the R.C. 2941.1413.

State v. Klembus, 2016 Ohio 1092 (2016).

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-1092.pdf

March 22, 2016

Klembus was sentenced to one year for a Fourth Degree Felony OVI and one year for the repeat-OVI specification, to be served consecutively.  He appealed, and the Eighth District agreed, holding that the repeat OVI offender specification violated equal protection because OVI penalty and the specification require identical proof yet impose different penalties.  Subsequently, the First, Second, Third, Eleventh, and Twelfth Districts rejected the Eighth District opinion.

The Ohio Supreme Court reversed the Eighth District, and in upholding the specification reasoned, "The possibility of longer prison sentences for those who continue to violate Ohio's OVI statute is rationally related to the state's legitimate interest in punishing offenders and protecting the public from the dangers of impaired driving."

If you are interested in criminal defense services, or have been charged with an OVI, consider reviewing our DUI Defense Services at http://SivinskiLegal.com

Hospital Blood Tests Can Be Used for OVIs When They Do Not Substantially Comply with ODH Regulations - DUI Appeals Reports - 4/14/2016

/ Sivinski Law Offices, ltd/
Hospital Blood Tests Can Be Used for OVIs When They Do Not Substantially Comply with ODH Regulations - DUI Appeals Reports - 4/14/2016

Third District holds that an individual receiving treatment after an auto accident can refuse a blood alcohol test by the police, but the health care provider's own blood test used for treatment will still be admissible even if it does not substantially comply with ODH regulations like the police test would have to.

Read More

Being Placed in a Police Car While Denied Use of a Cellphone is Not an Arrest - DUI Appeals Reports - 4/13/2016

/ Sivinski Law Offices, ltd/
Being Placed in a Police Car While Denied Use of a Cellphone is Not an Arrest - DUI Appeals Reports - 4/13/2016

The First District holds that a woman, placed in a police car, and denied use of her cellphone, is not under arrest until the police officer intends to put her under arrest.

Read More

Urine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016

/
Urine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016

The 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 More

Cleaning Preschools - Unemployment Appeals - 04/08/16

/ Sivinski Law Offices, ltd/
Cleaning Preschools - Unemployment Appeals - 04/08/16

The 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 More

Resigning Due to Harassment - Unemployment Appeals 4/7/2016

/ Sivinski Law Offices, ltd./
Resigning Due to Harassment - Unemployment Appeals 4/7/2016

The 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 More

DUI Appeals Reports 3/23/16

/ Sivinski Law Offices, ltd/
DUI Appeals Reports 3/23/16

The 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 More

Unemployment Appeals Reports 3/21/16

/ Sivinski Law Offices, ltd/
Unemployment Appeals Reports 3/21/16

The 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 More

Ohio Unemployment Rate for February 2016 Released

/
Ohio Unemployment Rate for February 2016 Released

Ohio'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 More