Whether DUI/OVI cases, unemployment appeals, or criminal cases, Smith's Law Offices' record shows a steady flow of successes for our clients.
Please keep in mind that the success of any legal matter depends on the unique circumstances of each case and we cannot guarantee particular results for future clients based on successes we have achieved in past legal matters.
Our client received an OVI citation, having had an OVI 13 years prior. We argued that the police misidentified signs of impairment and, as a result, obtained dismissal of the OVI charges with our client pleading to a non-moving citation instead.
What might be defined as a win can differ from case to case. For example, in this case our client was charged with a second-in-ten (4th lifetime) OVI with a refusal. As a result, he was facing a minimum of 20 day and maximum of 180 days in jail. Through strategic representation, we helped him to avoid any jail time by persuading the prosecutor and judge to treat the OVI as a first-in-ten. Although he still received an OVI, in his eyes the avoidance of any jail time was a big win.
Our client was asleep in his vehicle and as a result the police approached to see if he was okay. This quickly escalated into OVI charges; however, as a result of an aggressive defense we obtained a dismissal of the OVI charges with our client pleading to a non-moving citation instead.
Our client was terminated, despite having no active discipline, when the employer allegedly had a concern about a comment our client made. However, the employer failed to notify our client of the concern, or talk with him about it, prior to terminating him. As a result, we prevailed at his hearing and his benefits were approved.
Our client called off from work while her sister was suffering from cancer. She had a new manager, however, who terminated her from not calling off more than an hour before the start of her shift. We showed that this one-hour rule was a new one, which was not communicated to our client prior to the termination. As a result, we prevailed at her hearing.
After our client was involved in a fender bender at a drive thru, she found the police accusing her of an OVI. We aggressively represented her and obtained a dismissal of the OVI charges, with her pleading to a non-moving citation instead.
Although our client provided a breath test that was over the legal limit, and had a prior OVI from several years prior, we obtained a dismissal of the new OVI charges with him pleading to a non-moving citation instead.
Although our client was charged with an OVI, we aggressively represented him and obtained a dismissal of the OVI charges, with him pleading to traffic citations instead.
Our client was terminated for being absent; however, we showed that the absences were due to a bona fide medical condition. As a result, our client prevailed and was awarded benefits.
Although our client was charged with an OVI, we researched and raised several issues related to his traffic stop and the police OVI investigation. The arguments we raised led to a dismissal of the OVI with our client pleading instead to a traffic citation.
Our client was denied unemployment compensation after ODFJS determined she did not have enough weeks to qualify. By working to collect documentation of her earnings and presenting this information at a hearing, we showed the hearing officer that she should qualify. The hearing officer agreed and we won the hearing for our client.
A cyberattack happened at our client's employer. During a telephone call, our client described the attack as the hackers throwing a grenade. Strangely, our client then found himself terminated for allegedly making a threat. Through a hearing, we showed there were no threats, that the employer did have just cause to terminate, and that our client should be eligible for unemployment benefits. The hearing officer agreed and we won.
Our client was accused of failing to meet performance expectations, told that she was being terminated, but given the option to resign. Because she resigned, ODJFS determined she was not eligible for unemployment compensation. We prevailed at the hearing, showing the hearing officer that the separation should be judged as a termination because the resignation was in lieu of an impending termination. We then showed that the employer lacked evidence to support a termination with just cause. In the end, we won the hearing for our client.
Although our client was charged with an OVI, we found missing video for the traffic stop and conflicting reports for the reason for the traffic stop. Using these issues for leverage, we obtained a dismissal of the OVI charges with our client pleading to a non-moving citation instead.
Our client was stopped for a traffic violation and then subjected to field sobreity tests, arrested and charged with an OVI. We showed that the purported signs of impairment were actually just signs of aging. As a result, the OVI charges were dismissed with our client pleading to a non-moving citation instead.
Our client was charged with aggravated menacing after allegedly getting into an argument with an employee at a recreation center and allegedly making reference to a gun. Through aggressive representation, we obtained a complete dismissal of the charges.
Our client had a commercial driver's license. When he was charged with an OVI, he was at risk for losing that CDL and his job. We obtained a dismissal of the OVI charge and got his administrative license suspension vacated. By pleading to a traffic citation instead, he was saved from an OVI, a CDL disqualification and the loss of his job.
Our client was initially denied because her employer said it had just cause to terminate her for using a profanity. Through the hearing, we showed that it was in fact a supervisor who was yelling at her with profanities, at the end of which, she merely responded, ""watch your f###ing tone when you are talking to me." The Hearing Officer agreed that this did give the employer just cause to terminate, we prevailed at the hearing, and our client's benefits were paid.
Our client was placed on a performance improvement plan despite having no prior discipline. He was then terminated without a specific reason being given. Although he initially found his claims denied, we appealed, represented him through a hearing, and we won his benefits for him.
We helped another client appeal and prevail against an attempt by ODFJS to make her repay the pandemic unemployment benefits she rightly received.
After our client was charged with an OVI, we aggressively represented him, obtaining a dismissal of the OVI charges with him pleading to traffic citations instead. This saved him from having and OVI on his record and what would have been a mandatory year-long license suspension.
Our client found ODJFS claiming she committed fraud when she collected unemployment compensation. We appealed that determination, prevailed, eliminated the fraud determination and eliminated the overpayment ODJFS was demanding from her.
Our client was stopped for an alleged marked lanes violation, put through field sobriety tests, arrested and then asked to take a breath test, which he refused. By raising issues with the OVI investigation and field sobriety tests, we obtained a dismissal of the OVI charges. He pled to a non-moving citation instead - saving himself from the impact of having an OVI on his record and still penalties.
Our client was terminated for a minor alleged infraction despite the fact that she had received no prior discipline. We represented her through the appeals and hearing and prevailed. As a result, she received the unemployment benefits she deserved.
Although our client was charged with an OVI, through aggressive representation those charges were dismissed and his license was immediately returned to him.
Our client was charged with an OVI after providing a high-tier breath test. However, through creativity and aggressive representation, we obtained a dismissal of those charges with him pleading to a traffic citation instead.
Our client was charged with driving under an OVI suspension. This was a first-degree misdemeanor that carried with it a mandator three-day jail term as well as mandatory one-year license suspension. However, we obtained a dismissal of the charges with our client pleading to a minor misdemeanor traffic citation with a small fine.
Our client received pandemic unemployment benefits; however, after receiving the benefits ODJFS claimed he owed the benefits back due to fraud. We appealed, we prevailed, and our client received the benefits he was due.
Our client was stopped by the police after which point they misinterpreted signs of aging with signs of impairment. They ultimately conducted a urine test that showed some chemicals; however, by presently his case aggressively we obtained a dismissal of the OVI charges. He pled to a non-moving citation instead.
Our client was a teacher who intervened as best he could when students started to fight. The employer, rather than thanking him for protecting the children, terminated him. The criticized him for intervening before calling for help and with the benefit of hindsight, they criticized his technique. We prevailed at the hearing, obtaining benefits for him.
Although our client provided a breath test that was over the legal limit and charged with an OVI, through aggressive representation we obtained a dismissal of the OVI charges.
Our client worked for a temporary agency and was told his assignment ended. He repeatedly contacted the agency for a new assignment, but he was told none were available. When he applied for unemployment, the agency claimed that he failed to check for new assignments and therefore resigned. Through a hearing, we showed that the agency was wrong - that our client was unemployed through no fault of his own. As a result, he prevailed and won his unemployment benefits.
Although our client was charged with an OVI after providing a high breath test, we aggressively represented him and obtained an agreement for the OVI charges to be dismissed. He pled to a non-moving citation instead, which saved him from points to his license and a year-long license suspension.
Although our client was charged with an OVI, we raised several issues regarding the field sobriety tests that were conducted by the police. As a result, we obtained a dismissal of her OVI charges. She pled to a non-moving citation instead.
ODJFS claimed our client committed fraud when he collected unemployment benefits. We appealed, we prevailed, and we eliminated the overpayment ODJFS was attempting to collect from our client.
Our client received determinations years after he received unemployment benefits. The determinations claimed he committed fraud when he received his benefits. We represented him and obtained a reversal of those determinations, eliminating the overpayment ODJFS claimed he owed.
Another of our clients found ODFJS claiming they received their unemployment benefits fraudulently. We appealed, prevailed, and our client's overpayment was eliminated.
Our client was stopped by the police, arrested and asked to take a breath test. He refused. We stepped in and presented multiple arguments on his behalf, resulting in a dismissal of the OVI charges. He pled to a traffic citation instead.
Our client had a discussion with his boss about his pay. The boss told him he was fired. As we was walking out, he allegedly used profanity with the boss. We prevailed at the hearing, however, because the profanity occurred after he was already terminated. His conduct prior to the termination did not warrant termination.
Although our client provided a breath test sample that was in the high-tier, we aggressively represented him and obtained a dismissal of his OVI charges. He pled to a non-moving citation instead, which also saved his job.
Our client received different instructions from different supervisors and was then terminated because she chose the wrong supervisor to listen to. Through a hearing, we showed the employer lacked just cause to terminate and as a result we won the hearing.
Our client was charged with an OVI and refused to provide a breath test. After a thorough investigation, we identified issues with his case that led to a dismissal of the OVI charges. He pled to a non-moving citation instead.
Our client was stopped for not having working license plate lights. She was then put through field sobriety tests in the snow and cited with an OVI. We obtained a dismissal of the OVI charges, with her pleading to a non-moving citation instead.
Our client was placed on a performance improvement plan (PIP) and then terminated for allegedly not meeting performance expectations. Through a hearing, we demonstrated that the employer lacked any credible or reliable evidence to support its allegations. As a result, we prevailed and our client was approved for her benefits.
Our client was stopped when he crossed the center line of the road. He was then put through field sobriety tests and charged with an OVI. Through aggressive representation, including motions for discovery sanctions against the State and a suppression motion, a resolution was reached for our client to plead to a non-moving citation in exchange for the dismissal of the OVI charges against him.
Our client was involuntarily moved out of her position as a Regional Sales Manager and forced into a warehouse position at a fraction of her pay. As a result, she resigned. ODJFS denied her application for unemployment compensation until we stepped in, represented her through a hearing, and showed that she had just cause to resign. As a result, she won her benefits.
ODJFS claimed our client was paid unemployment compensation fraudulently. We appealed, prevailed, and as a result the fraud determination and overpayments were removed.
Our client was charged with domestic violence after an physical altercation with an adult sibling. He let these charges remain open with a warrant for a couple years, concerned with the potential consequences. Once he retained us, we get the warrant lifted and the charges dismissed.
Our client was another accused of unemployment. However, we prevailed through a hearing. As a result, the fraud determination and alleged overpayments were removed.
Our client was accused of driving while impaired with her children in her vehicle; however, through an intensive investigation we uncovered multiple issues with the State's case. As a result, we obtained a dismissal of the charges with our client pleading to a non-moving citation and disorderly conduct charge instead.
Our client was stopped for an alleged loud exhaust. The traffic stop quickly rose to an OVI investigation and our client was charged with operating a vehicle with an over-the-limit blood alcohol content. We aggressively represented him, obtaining a dismissal of the OVI with him pleading to a traffic offense instead.
Our client was terminated after he missed a safety meeting, allegedly without notice. Through a hearing, we showed that - even if the allegations were true - they would not have resulted in termination according to the employer's own policy. As a result, we won the hearing.
After the police stopped our client for an alleged traffic violation, they proceeded with field sobriety tests and a breath test that indicated our client was in the high-tier range for an OVI. With a thorough investigation, we discovered multiple issued regarding the breath test that we leveraged to obtain a dismissal of the OVI charges. Our client merely pled to a non-moving citation instead.
Another of our clients was accused of committing unemployment fraud. Through the appeal process, we got this determination reversed in favor of our client, eliminating the large overpayment ODJFS claimed he needed to repay.
ODJFS claimed our client received his unemployment benefits through fraud, we appealed, we won, and the overpayment was eliminated.
Our client held a commercial drivers license and was at risk for losing it and his job after an OVI charge. We fought hard and obtained a dismissal of his OVI, vacated his administrative license suspension, and saved his CDL.
Our client was charged with a third-in-ten OVI after being questioned by a police officer and then providing a urine test that allegedly detected substances over the legal limits. However, when we analyzed his case we discovered a lack of probable cause for the officer to approach our client. The officer claimed that he was parked at a gas station for an hour and that seemed suspicious. Relying upon this and other issues, we proceeded forward with a suppression motion hearing. As a result, we obtained a dismissal of the OVI charges with our client pleading to a non-moving citation instead. He avoided any jail time, avoided a license suspension, avoided points to his license and avoided a forfeiture of his vehicle.
Our client had a minor accident causing some damage to a building. He was arrested and asked to take a breath test, which he declined. As a result, he was charged with second-in-ten OVI with high tier penalties. We investigated, finding witness testimony confirming that he only had two beers over more than three hours. We pressed the weaknesses in the State's case, scheduled the matter for jury trial, and on the even of trial obtained a dismissal of the OVI charges. Our client avoided an OVI, avoided jail time, and avoided points to his license.
Our client had an accident on a snowy day. When the police arrived, she quickly found herself the subject of an OVI investigation and ultimately provided an over-the-limit breath test. However, our analysis revealed multiple issues about the investigation and test result which we pushed forward to a suppression motion hearing. As a result, the OVI charges were dismissed, with her pleading to a non-moving citation instead. She avoided points to her license, OVI conviction, and a long license suspension.
Our client was charged with a high-tier OVI that would have resulted in mandatory jail time, year long license suspension, points to her license, high fine and the impact of having an OVI on her record. We achieved a dismissal of the OVI charges with her pleading to a non-moving citation instead, saving her from these harsh penalties.
ODJFS claimed that our client fraudulently collected unemployment benefits. We appealed, prevailed and eliminated the overpayment for him.
Another of our clients was accused of fraud and told she needed to repay her unemployment benefits. We appealed, we won, and we eliminated the overpayment for her.
To qualify for unemployment a claimant must, among other things, be able to work, available for work and seeking work. Our client was denied because ODJFS blew up a medical issue she had into a denial for being unable to work. Through a hearing, we showed that our client was able to work despite her medical condition. As a result, we prevailed and obtained benefits for our client.
Our client was accused of committing fraud when he applied for unemployment. We appealed, showed there was no fraud, and achieved an approval of his benefits.
Our client received PUA unemployment benefits in 2020, later received a Determination claiming she was overpaid and committed fraud, we appealed, we prevailed and her benefits were approved.
ODJFS issued several determinations to our client claiming she owed back all of the pandemic unemployment benefits she received. These notices were issued long after she stopped collecting benefits and therefore she missed the appeal deadline. We appealed, represented her through a hearing, showed good cause for the appeals being filed late, and obtained a reversal of the overpayment.
Our client was terminated due to accusations for co-workers about statements she made. Through a hearing, we showed that the employer failed to follow its own progressive discipline policy, it failed to properly investigate the complaints, it failed to talk with our client before issuing discipline, and it failed to provide credible evidence that the allegations were true. We prevailed at the hearing, obtaining unemployment compensation for our client.
We prevailed with another appeal to an unemployment fraud determination, eliminating what had been an overpayment of more than $16,000.
Another of our clients was issued a fraud Determination by ODJFS, which we appealed, prevailed, and eliminated a large overpayment.
Another of our clients received a determination claiming she committed fraud when she applied for unemployment. ODJFS demanded she repay all of her payments. Through an appeal, we quickly obtained a reversal of that determination, establishing she was entitled to the benefits she received.
Our client received a notice claiming she committed fraud, ODJFS demanded that she repay all of her unemployment benefits, we appealed, we prevailed and as a result she no longer owed an overpayment.
Our client was stopped for allegedly speeding, having a license plate light out and weaving within his lane. He then found himself subjected to field sobriety tests, arrested and providing both a breath and urine sample. After analyzing his case, discovering issues with the field sobriety tests and further issues in his favor regarding the breath and urine tests, we achieved a complete dismissal of his OVI charge. He merely pled to the citation for the speed and traffic plate light with a fine of only $75.00 for both citations.
Our client was stopped for allegedly slow rolling through a stop sign and red light. The State Trooper then put him through field sobriety tests, arrested him, and had him provide a breath sample that was over the limit. However, upon review of the dash cam, we discovered the Trooper's alleged reasons for the traffic stop were highly suspect. Using this evidence, we obtained a dismissal of the OVI charge with our client pleading to a non-moving citation instead. The saved him from an OVI on his record, having to complete the drivers intervention program, from a year-long license suspension and from points to his driving record.
Our client was accused of committing fraud with ODJFS and they demanded that he repay all of his benefits. We appealed, prevailed and his overpayment was eliminated.
Our client found his unemployment benefits stopped due to a claim by ODJFS that he committed fraud. We appealed and represented him through a hearing where we prevailed, eliminating the fraud determination.
Years after collecting unemployment benefits, our client found ODJFS claiming he committed fraud because he had not proven he was who he said he was. We appealed this ridiculous determination and prevailed, eliminating his overpayment.
Another of our clients faced a looming overpayment from ODJFS, claiming she committed fraud when she applied for unemployment. We proved this was not true, prevailed with her appeal, and eliminated the overpayment.
Our client found himself terminated primarily due to mistakes by other employees at her job. She also found her employer appealing her unemployment benefits. We prevailed at the hearing, with the Hearing Officer agreeing, "Specifically, the expectations were not reasonable. The employer has not established that the claimant was directly responsible for either incident the claimant's supervisor cited at the hearing."
Our client was below the legal age to drink alcohol. She was stopped by the police, put through field sobriety tests and provided a breath sample that was over the legal limit. However, we discovered that the police did not provide a required 20-minute observation period prior to conducting the breath test. Further, the test result was very high, which did not match how well our client appeared on video. Finally, the officer turned off his body camera when completing the breath test, further raising suspensions about its accuracy. As a result, we obtained a dismissal of the OVI charges. Our client pled to the speeding and a non-moving citation; walking out of court without any license suspension or any OVI on her record.
Our client received a notice long after she received unemployment compensation, claiming that all of her benefits were overpaid and that she committed fraud. Through a hearing, we prevailed by showing she was entitled to the benefits.
Our client applied for unemployment compensation, received it for weeks, and then suddenly found his benefits denied with ODJFS claiming that he committed fraud. We appealed, got a determination in his favor, eliminated the overpayment and obtained a backpayment for him instead.
Years after receiving PUA benefits, our client found ODJFS demanding all of the money be repaid due to fraud. We appealed, we won, and her overpayment was eliminated.
Our client had several absences at her job, but she also had medical documentation to show that her absences were due to bona fide medical reasons. As such, we prevailed at a hearing by showing the hearing officer that the termination was without just cause because she was not at fault for the absences. Our client won her benefits.
The police stopped our client alleging that she committed a marked lanes violation. As often happens late at night, this quickly escalated to an OVI investigation and field sobriety tests. When our client effectively passed the field sobriety tests, the officer moved on to the hocus pocus, non-scientific, lack of convergence test. Ultimately, a breath test was provided that was over the legal limit, but just barely. By raising all of the issues with the traffic stop, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead.
Our client was stopped for allegedly crossing a fog line. The officer quickly had her get out of her vehicle and participate with field sobriety tests. By raising issues regarding whether she actually crossed a fog line, as well as the manner in which the field sobriety tests were conducted, we obtained a dismissal of her OVI charges with her pleading to a traffic citation instead. This saved her from high points to her license and she walked out of court without any license suspension.
Our client received unemployment benefits in 2020, only to find ODJFS demanding all of his benefits be paid back in 2024 due to alleged fraud. We appealed and prevailed, eliminating the fraud determination and the overpayment.
Our client was terminated and found her employer claiming that she had received multiple prior warnings. She had not. Further, the employer had no documentation to verify any prior warnings were given. As a result, we prevailed at the hearing, securing our client's benefits for her.
Years after receiving unemployment compensation, our client received three notices claiming she was overpaid. They demanded that she repay all of her benefits until we successfully appealed the determinations and eliminated the overpayments for her.
Our client was stopped for speeding and then found an Ohio State Patrol officer putting him through field sobriety tests. He was arrested and charged with an OVI; however, we obtained a dismissal of teh OVI charges with our client entering a plea to a non-moving citation and the speeding citation instead. This saved him from the impact of having an OVI on his record and many of the mandator penalties that would have come with an OVI.
Our client found his employer throwing whatever they could at him to get his unemployment benefits denied. They claimed he was terminated with just cause for no-call/no-shows, but we showed he actually worked on the dates the employer claimed he was not work, and he called off on two other dates. The employer then claimed that our client quit, but again, we showed that had simply called off for two dates. After shutting down every argument the employer raised, we prevailed at the hearing.
Although our client was stopped for an alleged marked lanes violation, was subjected to field sobriety tests, and provided a breath test that was over the legal limit - we were successful in obtaining a dismissal of the OVI with him pleading to a non-moving citation instead. He walked out of court with his license back, no points to his license, no jail time, and no driver's intervention program to complete.
Our client was terminated for the ridiculous reason of not completing an I9 verification. As it turns out, he provided all of the required documents, and "It was the employer's failure to review and verify those documents that resulted in the separation." As a result, we prevailed at the hearing and obtained the benefits for our client.
Although our client was arrested and provided a breath test that was over the legal limit, we raised many issues about the stop and the field sobriety tests. As a result, her OVI charges were dismissed and she pled to a non-moving citation instead.
We prevailed with another PUA fraud appeal, keeping back the State's attempt to reclaim thousands of dollars that our client rightly received through the pandemic unemployment system.
Although our client was subjected to field sobriety tests and then provided a breath test that was over the legal limit, a thorough investigation revealed issues with the traffic stop and breath test. For example, the evidence showed that the officers failed to properly observe our client for 20 minutes prior to conducting the breath test. As a result, we obtained a dismissal of all of the charges against him, with him entering a plea to a non-moving citation instead. In addition to saving him from points to his driving record, and the impact of an OVI on his record, we helped him escape what would have been a minimum one-year license suspension.
Our client was receiving benefits while working at a part-time job, which eventually ended. ODJFS insisted that he was still working at that job and denied his benefits. Through a hearing, we set things straight, prevailed, and obtained a release of his benefits.
Our client was performing work and reported safety concerns. The employer chose to disregard the concerns and then found itself cited by OSHA. The employer terminated our client, attempting to place the blame on him. However, through a hearing we showed the fault rest upon the employer, not our client. As a result, we won the hearing and our client was approved for his benefits.
Our client received a determination notice claiming that she owed all of her unemployment benefits back because she did not prove she was who she said she was. That determination notice was issued after she collected her benefits, so she missed the 21-day appeal deadline. We accepted her case and first went through a hearing showing she had good cause for submitting the appeal late. We then went through a second hearing proving she was who she said she was. As a result, we prevailed and the overpayment was eliminated.
Our client was charged with a first-degree misdemeanor hit and skip charge after he left the scene of an accident where he believed there was no damage requiring him to stay. Although he was facing a mandatory license suspension, we obtained a dismissal of the hit & skip charges, with him pleading to a minor misdemeanor traffic citation instead.
We prevailed with another PUA Fraud determination, that would have resulted in our client repaying thousands of dollars.