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The 9th District concludes that the State had probable cause to arrest for a marijuana OVI, despite the defendant passing the field sobriety tests and the officer smelling only raw marijuana.
Read MoreThe Fifth District upholds conviction when officer claimed the defendant went back and forth across a marked center line but video did not show the same, and when conviction required an alcohol content of 0.238 and defendant's alcohol content ranged between 0.21 and 0.27 based on the test and margin of error.
Read MoreThe Second District upholds a traffic stop where the officer initiates the stop under the erroneous belief that the driver was committing a lanes of travel violation of R.C. 4511.25, because the court believed he could have initiated the stop for a marked lanes violation ofR.C. 4511.33.
Read MoreThe Fourth District confirms that breath test results should be suppressed when the breathalyzer showed a pump error field sobriety tests must be suppressed when no evidence is presented regarding what the accepted (NHTSA) standards are.
Read MoreThe 11th District affirms that the Unemployment Compensation Review Commission and its hearing officers are "not permitted to reference a reason for the claimant's discharge other than the reason stated by the employer."
Read MoreThe 1st District relies on its legal theory of a "Shotgun Motion to Suppress," to reduce the state's burden to merely "general and slight" when showing substantial compliance with field sobriety tests.
Read MoreThe 8th District holds that the CMHA lacked sufficient evidence to terminate an employee with just cause for taking an application envelope out of an office, when it could not should which envelope the employee took out of the office.
Read MoreThe Supreme Court holds that OVI convictions for refusing to submit to blood tests are unconstitutional, but similar convictions for refusing to submit to breath tests are ok.
Read MoreThe 8th District holds that it is still an OVI refusal when a person refuses a breath test but offers to take a urine test because, "it was not her option to decide which test would be administered."
Read MoreThe 8th District concluded that, absent an explicit waiver, a trial court must call for an explanation of the facts. If it does not, and the Defendant appeals, the charge should be dismissed and the Defendant acquitted due to double jeopardy protections.
Read MoreThe Fifth District upholds a conviction for a refusal OVI after the defendant attempted to take a breath test that did not produce a valid sample, even though police did not subsequently offer a urine test.
Read MoreEmployees will be ineligible for unemployment compensation when terminated for poor performance and the employer shows: (1) the employee does not perform required work; (2) the employer made its expectations known at the time of hire; (3) those expectations are reasonable; and (4) the requirements of the job have not changed since the date of hire.
Read MoreEmployers often challenge unemployment compensation for employees terminated with a no-fault attendance policy, however, such employees remain eligible unless the employer can show just cause for the termination.
Read MoreExperienced attorney with 20 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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