Ohio Unemployment Rate
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Ohio Unemployment Rate Chart: April 2015 - March 2016
Read MoreOhio Supreme Court Settles Habitual OVI Offender Sentencing - DUI Appeals Reports - 4/15/2016
/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
Ohio Unemployment Rate for March 2016 Released
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Ohio's March 2016 unemployment rate increased to 5.1% from 5.0% in February, continuing a steady climb since the fourteen year low of 4.4% in October 2015.
Read MoreHospital Blood Tests Can Be Used for OVIs When They Do Not Substantially Comply with ODH Regulations - DUI Appeals Reports - 4/14/2016
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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 MoreBeing Placed in a Police Car While Denied Use of a Cellphone is Not an Arrest - DUI Appeals Reports - 4/13/2016
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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 MoreTow Drivers Need to Earn Livings Too - DUI Appeal Report - 4/11/2016
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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 MorePrior Convictions Are OK, Even if Obtained Without the Defendant Present - DUI Appeal Reports - 04/10/2016
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The Twelfth District holds that collateral attacks of prior convictions during felony OVI cases are limited to violations of the right to counsel.
Read MoreUrine / Blood Samples Unrefrigerated for 5 Hours Are Close Enough - DUI Appeals Reports - 04/09/2016
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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 MoreCleaning Preschools - Unemployment Appeals - 04/08/16
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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 MoreResigning Due to Harassment - Unemployment Appeals 4/7/2016
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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 MoreDUI Appeals Reports 3/23/16
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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.
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Unemployment Appeals Reports 3/21/16
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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 MoreDUI Appeals Reports 3/18/16
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The First District joins the Second, Third, Eleventh, and Twelfth Districts in rejecting an Eighth District opinion finding the repeat OVI offender specification unconstitutional.
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