Recent Cases

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.

PUA Fraud Appeal Won:

Another of our clients was issued a fraud determination from ODJFS, claiming all of his pandemic unemployment benefits should be repaid, along with a fraud penalty. We prevailed with his appeal, eliminating the overpayment and eliminating the fraud determination.

  
February 23, 2024
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Unemployment Appeal Won After Termination:

Our client worked remotely. She kept track of her hours and the employer's computer systems kept track of some, but not all, of the tasks she was working. Without any prior discipline, the employer terminated her claiming she committed payroll fraud because their tracking did not align. We showed the employer's systems were not reliable and we emphasized the employer failure to follow its own progressive discipline policy. As a result, we prevailed with her appeal, obtaining her unemployment benefits for her.

  
February 23, 2024
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PUA Fraud Appeal Won:

Many people are receiving fraud determinations from ODJFS for their PUA benefits received years ago. We helped another such client get rid of the fraud determination and overpayment demand by processing her appeal, with the knowledge of what ODJFS needed to reverse their decision

  
February 22, 2024
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Unemployment Appeal Won After Termination During Resignation Period:

Our client provided a 30-day resignation notice at which point the employer accepted the resignation effective immediately and failed to pay her through the notice period. We won the hearing, with the Hearing Officer adopting the following accepted rules for resignations: "When an employee is discharged during a notice of resignation period and the employer does not pay the employee for the balance of hours of that period, the question then becomes whether the employer had just cause in connection with work to support the discharge. In order to constitute a justifiable reason for discharge, the employer must have reasonably communicated the reason for discharge to the employee prior to the employee's submission of the resignation. . . . The employer unilaterally decided not to have claimant work out the 30-days given in her notice. This was the employer's decision and not that of claimant."

  
February 16, 2024
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OVI Charges Dismissed - CDL Saved:

Our client faced a disqualification of his CDL, jail time, points to his license and a year-long license suspension when he was charged with an OVI. We saved him from all of these consequences by obtaining a dismissal of the OVI charges and him pleading to a non-moving citation instead.

  
February 15, 2024
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Unemployment Benefits Won:

After being terminated for allegedly causing a pallet to fall while operating a forklift, our client found his unemployment benefits denied too. Through a hearing, we showed that there was no financial loss to the employer as a result, and that termination was disciplinary overkill. The hearing officer agreed that there was no just cause to terminate and approved our client's benefits.

  
February 15, 2024
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Unemployment Benefit Appeal Regarding Benefit Amount Approved:

When ODJFS determined the weekly benefit amount for our client, it shorted him credit for all of his employment. We appealed the determination collecting documentation of his actual pay rate, and as a result ODJFS increased his weekly benefit amount. It also issued him a backpayment for the shortages.

  
February 15, 2024
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OVI Charges Dismissed Despite Accident:

The police charged our client with an OVI after she was in an accident during which her air bag went off and she bumped her head. By showed that perceived clues of impairment were likely clues of a concussion instead, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead. This saved her from a mandatory license suspension, from jail time and even from having to take the driver's intervention program.

  
February 13, 2024
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PUA Fraud Appeal Won:

Our client received a notice years after he received PUA unemployment compensation claiming that he failed to prove his identity and that he committed fraud. By gathering and submitted the correct documentation, we won his appeal.

  
February 8, 2024
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Second in Ten OVI Charges Dismissed:

Although our client had a prior OVI conviction, we investigated her new OVI charges and presented multiple weaknesses in the State's case to the court. By doing so, we obtained a dismissal of the OVI charges with her entering a plea to a non-moving citation instead. She was saved from points to her license, mandatory jail time and a lengthy license suspension.

  
February 7, 2024
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Unemployment Hearing Won:

Our client was disciplined and asked to write an action plan for herself. When she turned in the action plan, the employer terminated her claiming it was dissatisfied with her plan. We showed the hearing officer that this was insufficient for just cause and as a result, her unemployment benefits were won.

  
February 4, 2024
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OVI Charges Dismissed

Our client was charged with an OVI; however, through extensive negotiations we obtained a dismissal of the charges with her pleading to a traffic citation instead.

  
February 2, 2024
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Child Endangerment Charges Dismissed:

Our client was charged with child endangerment charges after an incident during which he had drinks. We pulled apart weaknesses in the case against him until we obtained a dismissal of the child endangerment charges.

  
February 2, 2024
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Hit and Skip Conviction Avoided:

Our client was involved in a fender bender and then accused of leaving the scene. If convicted, she would have faced a mandatory license suspension. By strategically presenting her case, we were able to avoid the hit and skip conviction with her pleading to a minor misdemeanor non-moving citation instead. Thus, her license was saved.

  
January 29, 2024
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Unemployment Hearing Won - Claimant Able to Work:

To qualify for unemployment benefits each week a claimant must, among other things, be able to work. Our client found his benefits denied because he had an outpatient medical procedure. Through a hearing, we showed this procedure did not keep him from being able to work. We prevailed at the hearing, winning his benefits for him.

  
January 23, 2024
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Unemployment Appeal Won - No Just Cause to Terminate for Attendance:

Although our client was terminated due to general concerns with her attendance, through a hearing we showed that the employer lacked evidence of prior discipline and lacked evidence of specific policies regarding attendance. We prevailed, winning our client's unemployment benefits for her.

  
January 23, 2024
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Unemployment Appeal Won After Termination for Complaints:

Our client had been disciplined at the employer, including a final warning, for alleged complaints against him. He then found himself terminated and his employer appealing his unemployment benefits. Through a hearing, we showed that the employer lacked evidence to support its allegations. It failed to present the alleged complainants as witnesses and failed to provide statements from them. As a result, the Hearing Officer agreed the Employer failed to show just cause for the termination. We won the hearing and our client received his benefits.

  
January 19, 2024
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Client Escapes 3rd in 10 OVI:

Our client was facing a third-in-ten OVI charge; however, by leveraging issues with the charging documents we were able to resolve her case with just a traffic citation. By doing so, she avoided high points to her license, jail time and a forfeiture of her vehicle.

  
January 17, 2024
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OVI Charges Dismissed Despite Priors:

After our client was stopped for a traffic violation, miscommunication occurred over the police department radios such that they believed our client had five prior OVI's, which was not accurate. This resulted in a rushed and incomplete investigation. We argued issues with the investigation and as a result we were able to get the OVI dismissed with our client pleading to the traffic violation.

  
January 10, 2024
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Unemployment Appeal Won - No Just Cause to Terminate for a Bad Mood:

Our client was having a hard day and was in a bad mood while at work. At one point he rolled his eyes. The employer terminated him and his unemployment benefits were denied until we prevailed at his hearing by showing that he had no prior discipline and there was no evidence that his mood caused any specific performance issues. As a result, his benefits were approved.

  
December 28, 2023
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OVI Charges Dismissed

Despite our client having admitted to having drinks and providing an alcohol test result that was over the legal limit, we were able to reveal issues with the State's case that resulted in a dismissal of the OVI charges with our client pleading to a non-moving traffic citation instead.

  
December 21, 2023
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OVI Charges Dismissed:

Our client was stopped by the police, ordered out of her car, subjected to field sobriety tests, arrested and cited with an OVI. Thorough investigation of her case and documentation of her charges helped us to achieve a dismissal of those OVI charges with her pleading to a traffic citation instead.

  
December 20, 2023
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Unemployment Appeal Won - No Just Cause to Terminate For General Concerns:

Our client was terminated due to general concerns regarding his job performance, even though had not received any prior discipline or warnings. We prevailed at the hearing, showing a lack of just cause to terminate. As a result, our client won his unemployment benefits.

  
December 20, 2023
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Unemployment Won For Person Unable to Work Due to Medical Reasons:

Our client was placed on light duty as a result of a medical condition. His employer did not allow him to work his physically demanding job while on light duty, so he applied for unemployment. To prevail, we showed (a) that he was unable to work his job due to a bona fide medical reason, but (b) he was able to work other jobs under the same restrictions. As a result, we prevailed at his hearing and he won his benefits.

  
December 15, 2023
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Marijuana OVI Dismissed:

Our client was stopped for speeding, subjected to SFSTs, provided a breath test that showed that he was under the legal limit for alcohol, and then provided a urine sample that tested positive for THC metabolites. Certain metabolites may show in a person's urine even if they last used THC days or weeks prior; however, under Ohio law simply testing over and operating a vehicle remains an OVI. However, but leveraging information and facts about the traffic stop, we were able to obtain a dismissal of the OVI charges with our client pleading to a non-moving citation instead. He avoided an OVI on his record, avoided six points to his license and avoided a year long suspension.

  
December 14, 2023
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Vehicular Vandalism Charges Dismissed:

Our client was charged with a first-degree misdemeanor for allegedly throwing his rake at a car passing his yard. The driver of the other vehicle was ultimately charged with felonies because he physically attacked our client. By pointing out that the state lacked evidence of the accusations against our client, we obtained complete dismissal of the charges.

  
December 14, 2023
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Unemployment Appeal Won - No Just Cause to Terminate for Quotas:

When an employer terminates an employee for failing to meet performance expectations, they must show that the (a) the expectations were made known at the time of hire, (b) the employee did not meet the expectations, (c) the expectations were reasonable, and (d) the requirements of the job did not change since the date of hire. Although our client was terminated for failing to meet sales goals, we showed that the goals were not reasonable, and as a result we prevailed at his hearing.

  
December 14, 2023
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Over-the-Limit OVI Charges Dismissed:

Our client was charged with an OVI after providing a high BAC reading. However, through investigating the evidence we discovered that the testing machine had not been calibrated within seven days of his test - a requirement from the Ohio Administrative Code. As a result, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead. We also obtained an order vacating his ALS, which saved his CDL.

  
December 13, 2023
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Underage OVI Charges Dismissed:

Our client, who was under the age of 21, received an underage OVI charge after providing a test over the legal limit for individuals his age. We raised issues with respect to the identification of our client as the driver as well as the lack of good evidence of impairment to justify an arrest. We, therefore, obtained a dismissal of the OVI charge with our client pleading to a traffic citation instead.

  
December 13, 2023
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Golf Cart OVI Charges Dismissed:

Our client was stopped as he was entering a state park on Put-in-Bay, something that we have seen frequently this past year. He ultimately arrested and subjected to a urine test. We were able to obtain a dismissal of the charges, with him pleading to a traffic citation instead.

  
December 13, 2023
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Unemployment Won After Termination for Saying, "I'm done":

Our client informed his employer that he would be looking for another job. They called him into a meeting as a result and engaged in a heated discussion, during which he said, "I'm done." The employer attempted to argue that this was a resignation. We showed that it was not a resignation. He was simply done with the meeting. A supervisor followed him to his desk, telling him to pack his things and leave. The employer had no other just cause to terminate and therefore we prevailed with the hearing.

  
December 13, 2023
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OVI Charges Dimissed:

We successfully obtained a dismissal of OVI charges brought against our client, with him pleading to a traffic citation instead. This saved him from high points to his license, the impact of having an OVI on his record, and increased auto insurance rates.

  
December 8, 2023
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OVI Charges Dismissed:

Although our client was stopped due to alleged marked lane violations and ultimately provided a breath sample above the legal limit, investigation into his case raised several evidentiary issues for the State. As a result, we prevailed in having the OVI charges dismissed with our client pleading to a non-moving citation instead.

  
December 7, 2023
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Unemployment Won - COVID Did Not Bar Benefits:

To qualify for unemployment, a person must be able to work each week that they file claims. Our client experienced a mild case of COVID only to find ODJFS denied all of his benefits after for being unable to work. Through a hearing we showed this was absurd - that our client was able to work despite a mild case of COVID. As a result, he received his benefits.

  
December 7, 2023
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Unemployment Appeal Won:

Our client found his employer appealing his unemployment benefits through to a hearing. At that hearing, we established that the employer lacked evidence of misconduct and, in truth, was altering its reasons for the termination as it saw fit. As a result, we prevailed at the hearing and our client received his benefits.

  
December 4, 2023
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Unemployment Won - Verified Employment:

Our client, like many, found himself denied unemployment benefits because his employer did not properly report his income. We were able to prevail with his appeal, obtaining his benefits for him.

  
December 4, 2023
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Unemployment Appeal Won - ID Verification:

Many people are finding their unemployment claims denied for allegedly failing to meet ODJFS's identity verification requirements. We have been able to help every person who has received such a denial obtain their benefits. It is important to understand and know what documents ODJFS requires. We work with our clients to obtain those documents, we review and ensure they contain the required documentation, and then we pursue their case through the appeal process to obtain a win, as we did today.

  
November 30, 2023
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Unemployment Appeal Won:

When a person quits a job to accept another job, ODJFS will determine this to be a disqualifying separation that suspends benefits until the person has worked six weeks at a new job, or if they started they new job within 7 days of leaving the first job, they must work the new job for at least three weeks. ODJFS frequently becomes confused about this rule or they do not see records from the new job in their system. As a result, and as with the client we obtained a win for today, we pursue the appeal process showing ODJFS the new employment and educating them about this rule.

  
November 29, 2023
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OVI Charges Dismissed:

Despite having a prior OVI, we saved our client from another OVI conviction by holding firm that the state lacked evidence that our client was impaired at the time he operated his vehicle. As a result, the OVI charges were dismissed with our client pleading to a non-moving traffic citation instead.

  
November 28, 2023
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OVI With Over-the-Limit Test Dismissed:

Although our client provided a breath test that was over the legal limit, we moved to suppress evidence in his case due to several issues with his traffic stop. Through exercising this leverage, we obtained a dismissal of the OVI charges with him pleading to a non-moving citation instead. This saved him from high points to his license, a year-long license suspension, and the implications of having an OVI on his record.

  
November 16, 2023
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OVI Charges Dismissed:

Our client was charged with an OVI by the Independence police department. After an extensive investigation into the charges and negotiations with the prosecutor, we obtained a dismissal of the OVI charges. She pled to a non-moving citation instead.

  
November 16, 2023
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OVI Charges Dismissed - License Suspension Avoided - Job Saved:

Our client received an OVI Charge while at Put-in-Bay. He was particularly concerned about the charges impact on his job as a firefighter. We were able to get his OVI dismissed with him pleading to a non-moving citation instead without any license suspension or points on his license. As a result, his job was saved.

  
November 16, 2023
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Unemployment Appeal Won Despite PIP:

Our client was placed on a Performance Improvement Plan (PIP) with goals to meet. She was not told that her job was in jeopardy and at regular meetings about her goals, she was not told that she was failing to meet any of them. The employer ultimately terminated her for failing to meet the goals. The Hearing Officer agreed that the employer lacked just cause to do so. As a result, we won the hearing for our client.

  
November 16, 2023
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OVI Charges Dismissed Despite Prior OVIs:

We kept the pressure on the State regarding their response to our discovery response after teh State Trooper claimed he did not have any dash cam video of the traffic stop. As a result, despite our client have prior OVI's, we obtained a dismissal of her OVI charges with her pleading to a non-moving traffic citation instead.

  
November 15, 2023
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Criminal Damaging Charges Dismissed:

A city charged our client with criminal damaging, claiming she purposely damaged another vehicle by opening her door into the other vehicle. We scheduled the case for a trial and achieved a dismissal of the charges.

  
November 14, 2023
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OVI Charges Dismissed:

Our client was pulled over for failing to use his turn signal 100 feet prior to making a lane change, though he did use a turn signal. We provided an aggressive defense and obtained a dismissal of the OVI charges. He plead to a non-moving citation instead, saving him from a year-long license suspension and points to his license.

  
November 14, 2023
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Unemployment Appeal Won - No Just Cause to Terminate for Using Phone:

After our client was terminated for using his cell phone at work and denied unemployment benefits, we represented him through his hearing. We showed that he received no prior discipline for similar conduct, that the employer did not have a clear rule prohibiting the alleged conduct, and that in truth there was an ulterior motive for the termination. We prevailed at the hearing, wining unemployment benefits for him.

  
November 9, 2023
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Unemployment Appeal Won - Employer Failed to Follow Progressive Discipline:

After receiving a promotion, our client found himself terminated just 4 months later despite receiving no prior discipline. We prevailed at his hearing, showing the Hearing Officer that the employer effectively pulled the rug out from under him, and therefore without just cause. The Hearing Officer agreed and we won the hearing.

  
November 6, 2023
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Unemployment Won - Employer Failed to Follow Progressive Discipline:

Even though the employer had a five-step progressive discipline policy, it chose to terminate our client without having imposed any steps of that policy. We showed the hearing officer that no alleged conduct warranted skipping all of the progressive discipline steps and the Hearing Officer agreed there was not just cause for termination. As a result, our client own her unemployment benefits.

  
November 3, 2023
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Unemployment Won - No Just Cause to Terminate for Bona Fide Medical Reasons:

The employer terminated our client for absences, but we were able to get the employer to agree that the absences were due to a bona fide medical reason. Absenteeism caused by bona fide illness or injury, reported to an employer, is not just cause for discharge. Schultz v. Herman's Furniture (1976), 52 Ohio App.2d 161 (1976), 52 Ohio App.2d 161. We, therefore, prevailed at the hearing.

  
November 3, 2023
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OVI Charges Dismissed After High Breath Test:

Although our client provided a breath test that was over the legal limit, we marshalled together legal and mitigating arguments for her with teh court and prosecutor to obtain a dismissal of her OVI charges.

  
November 2, 2023
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Unemployment Appeal Won:

Our client was terminated allegedly for attendance issues and for performance issues. Through a hearing, we showed that the attendance issues were due to reasons beyond her control. We also showed that, despite the claim of performance issues our client had not received any prior discipline. As a result, we prevailed at the hearing.

  
November 1, 2023
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Unemployment Won for "Insubordinate" Employee:

Our client was terminated from her job when she raised concerns about her employment, added job duties and a lack of added compensation. The employer claimed she was "aggressive" and "Insubordinate." Through a hearing we showed that employer considered the mere voicing of concerns as insubordinate and could not point to any refusal to complete any job duties. As a result, we prevailed at the hearing and our client's benefits were approved.

  
October 31, 2023
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OVI Golf Cart Charges Dismissed:

The Ohio OVI statutes prohibit operating any vehicle, streetcar or trackless trolley within the state, if impaired. Notice, this is not limited to motor vehicles, but applies to any vehicles. Revised code 4511.01 includes within the definition of "vehicle" just about anything that a person or property may be transported or drawn upon. Notice too that the statute says "within the state," which includes private property. Some courts will treat operating a golf cart differently than operating a car, but others treat them exactly the same. The court this case was in treats them the same. In our client's case, he was stopped because he did not use a turn signal while operating a golf cart. This quickly escalated into OVI charges. However, using our experience, we were able to get the OVI charges dismissed.

  
October 27, 2023
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Unemployment Won Despite PIP:

The employer placed our client on a 90-day Performance Improvement Plan (PIP), and yet only 12 days later terminated him because they claimed they did not feel confident he would be able to meet the requirements of the PIP. The hearing officer agreed with our arguments that this was unreasonable and as a result we prevailed at the hearing for our client. He was approved for benefits.

  
October 26, 2023
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Unemployment Won After Resignation:

Our client worked at a facility where the owner and the owner's girlfriend, who also worked there, brought their young children into work on a regular basis. They played like the job site was a playground, riding their bikes around, hitting our client and taking his working material. He complained to the owners but was essentially told they did not care. After his resignation, the employer told him that he would have to beg for his job back from the girlfriend, which he refused. We prevailed at the hearing by showing the working conditions were unreasonable and that he did what he could to try to resolve the issue before resigning. We won his hearing and his benefits for him.

  
October 25, 2023
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OVI Charges Dismissed After Incomplete Advisements:

When a person is arrested for an OVI, the police must read statutorily required advisements before asking the person to agree to take a chemical test. In this case, teh police officer only read about half of the required advisements. By pushing for the breath test to be inadmissable as a result, we were able to obtain a dismissal of the OVI charges with our client pleading to a traffic citation instead.

  
October 25, 2023
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Unemployment Won After Termination for Drinking:

The owner of the employer would buy his worker's alcoholic drinks at lunch. During a lunch when the owner was not present, our client ordered himself a drink at lunch only to find the employer terminating him. The Hearing Officer agreed with us that the employer did not have a zero tolerance policy, our client was not intoxicated, and the alleged conduct did not warrant termination. As a result, we won the hearing.

  
October 23, 2023
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OVI Charges Dismissed:

After our client was charged with an OVI, we investigated and discovered issues with the charges. By presenting these issues along with mitigating facts, we obtained a dismissal of the charges with our client pleading to a non-moving citation instead.

  
October 20, 2023
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OVI Charges Dismissed

Our client was charged with a second-in-ten OVI and provided a high-level breath test. However, by uncovering and presenting material discovered in the police reports and video, we obtained a dismissal of the OVI charges. He pled to traffic citations instead, avoiding all jail time, high points to his license and any driver’s license suspension.

  
October 19, 2023
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Unemployment Hearing Won:

Our client was terminated due to an allegation that he raised his voice with another employee. He did not use profane language. The other employee did not feel threatened. By showing these facts at a hearing, we prevailed and won benefits for our client.

  
October 19, 2023
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OVI Charges Completely Dismissed:

Sometimes the best strategy is to use the State's evidence against the State. After our client was charged with an OVI, we showed that the evidence the state collected actually proved our client was not impaired. As a result, the OVI charges were completely dismissed.

  
October 18, 2023
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OVI Charges Dismissed:

During a traffic stop, our client refused to be tested - which can often be the wise choice. For our client, it was because it allowed us to point out a lack of evidence of impairment. As a result, we obtained a dismissal of his OVI with him pleading to traffic citations instead.

  
October 18, 2023
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Unemployment - No Just Cause to Terminate for Using Company Vehicle:

On our client's way home in a company vehicle, he stopped at another house, as he had always done. The employer decided to terminate him for it. At a hearing, we not only showed that he had always been permitted to do this, but the company had no policy prohibiting this. As a result, we prevailed at the hearing and our client was approved for benefits.

  
October 18, 2023
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Second Lifetime OVI Charges Dismissed:

After our client was charged with an OVI, we conducted an investigation, including the use of an expert, into the traffic stop. After presenting issues to the prosecutor through a suppression motion, we reached an agreement to dismiss the OVI charges with our client pleading to a non-moving citation instead.

  
October 5, 2023
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OVI Charges Dismissed:

By identifying issues with the State's OVI case against our client, we achieved a dismissal of the OVI charges with our client simply pleading to a minor misdemeanor traffic citation with a fine of $150 instead, saving him from an OVI on his record, any jail time and any license suspension.

  
October 5, 2023
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Unemployment Hearing Won:

To qualify for unemployment benefits, a claimant must have sufficient weeks of employment and sufficient income from that employment during their base period. Our client was denied unemployment, apparently because her employers did not adequately report her income. Through a hearing, we showed that she had sufficient weeks of employment and income, and as a result she won her hearing.

  
October 5, 2023
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OVI Charges Dismissed:

Our client was stopped and accused of distracted driving, but also charged with an OVI after providing a breath test. We were able to get a dismissal of the OVI charges, however, after a thorough investigation into his case as presentation of issues with the traffic stop to the prosecutor and judge.

  
September 26, 2023
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Unemployment Won - Sufficient Qualifying Weeks:

When employers fail to properly report wages, people find their benefits wrongly denied. It takes care to ensure unemployment receives the correct documentation and information to give credit to the claimant. By taking this care, we showed Unemployment that our client did have sufficient weeks to qualify for benefits and as a result she prevailed with her hearing.

  
September 22, 2023
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Unemployment Appeal Won - No Just Cause to Terminate for Attendance:

Although the employer terminated our client for attendance, and he was initially denied unemployment benefits, through a hearing we showed that that the absences were due to a bona fide medical condition. As a result, the Hearing Officer agreed that he was not at fault and we won the hearing and benefits for him.

  
September 21, 2023
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OVI Charges Dismissed:

Extensive investigations into the OVI charges against our client revealed several issues with the State's case. By presenting these issues and proactively working with our client, we obtained a dismissal of the OVI charges.

  
September 19, 2023
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OVI Charges After Tip Dismissed:

Our client was stopped after a caller allegedly reported reckless driving and speeding. The State, however, failed to provide us with audio of that call. We kept the pressure on, filing a motion to compel and for discovery sanctions. This pressure, in conjunction with a thorough investigation of the evidence that was provided, assisted us in obtaining a dismissal of his OVI charges. He pled to a non-moving traffic citation instead, saving him from points to his license, a one-year license suspension, jail time and the impact of an OVI on his record.

  
September 12, 2023
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Unemployment Hearing Won - Identity Verification:

ODFJS frequently requires documents to verify a person's identity. When the person turns in the documents, they may still be denied without an explanation of what the issue was with the documents. This is what happened to our client. With our experience, we have gained an understanding of exactly what ODJFS requires and common issues that arise. Using this knowledge, we appealed our client's denial, gathered the documents, and prevailed at a hearing so she could receive her benefits.

  
September 12, 2023
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OVI Charges Dismissed:

Although our client was charged with an OVI, through a complete investigation of her charges and with strategic planning, we obtained a dismissal of the charges with her agreeing to a non-moving traffic citation instead.

  
September 7, 2023
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Unemployment Appeal Won:

To qualify for unemployment benefits each week, a person must among other things be able to work and available to work. Our client found herself denied benefits because ODJFS determined she was unable to work. We presented her case to a hearing officer and achieved a reversal of that determination, resulting in our client receiving her benefits.

  
September 7, 2023
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Unemployment Appeal Won - No Just Cause to Terminate:

Our client's employer unilaterally changed her job expectations and then received different demands from different supervisors. She applied for accommodations, which were granted only to find herself terminated shortly after. We prevailed at her hearing, showing that it was unreasonable to expect her to comply with new guidelines and unclear expectations.

  
September 7, 2023
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Hit and Skip Charges Dismissed:

Our client was accused of running a stop sign, causing another driver to swerve off the road. Our client found himself charged with hit-and-skip charges, which in addition to fines and jail time, would have brought a license suspension. We successfully argued that the hit-and-skip statute did not apply to him because his vehicle did not hit anything. As a result, the charges were dismissed.

  
September 6, 2023
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Yet Another OVI Dismissed:

Our client was charge with an OVI after he was stopped for speeding, subjected to field sobriety tests and refused a breath test. Through an extensive investigation of the allegations, police reports and video, we submitted a motion to suppress much of the evidence the State planned to use in their case. At the hearing over our motion, the prosecution gave in yet again - offering a dismissal of the OVI charges with our client merely pleading to traffic citations instead.

  
September 5, 2023
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OVI Charges After Accident Dismissed:

Our client was involved in a single vehicle accident. When the police arrived, an OVI investigation followed. Through extensive negotiations, we were able to obtain a dismissal of the OVI charges, with our client pleading to a traffic citation instead.

  
September 1, 2023
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Unemployment Won - No Just Cause to Terminate for "Poor Attitude":

The employer terminated our client for a "poor attitude" when he refused to sign a corrective action and questioned the employer about a directive, but followed through with the the directive. Though he questioned, he complied, and the Hearing Officer agreed this did not give the employer just cause to terminate.

  
August 31, 2023
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Not Just Cause to Terminate for Absences:

Without any prior discipline, our client found himself terminated from his job and his unemployment benefits denied after he called off from work due to the flu. Through a hearing, we showed that the employer lacked just cause to terminate due to a bona fide medical illness. The hearing officer agreed and our client won his hearing.

  
August 31, 2023
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OVI Charges Dismissed:

Our client was stopped for a license plate light and then found himself undergoing an OVI investigation with standardized field sobriety tests and a breath test that was over-the-limit. However, upon our review we discovered that the field sobriety tests were not conducted correctly and the breath test result was actually an invalid result. By proceeding to a suppression motion hearing, we achieved a dismissal of the OVI charges with our client simply pleading to a minor misdemeanor traffic citation instead.

  
August 30, 2023
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Over-the-Limit OVI Charges Dismissed:

Our client was stopped for speeding but soon found herself undergoing standardized field sobriety tests and providing a breath test at the police station. Despite the test being over the limit, active negotiations with the prosecutor resulted in a dismissal of the OVI charges. With our client pleading to a mere non-moving citation instead, she saved herself from points to her license and the impact of an OVI on her record.

  
August 29, 2023
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OVI Charges Dismissed Entirely:

The police stopped our client because his taillights were not on. He was unfamiliar with the car because it was a rental. Despite being 71 years of age and having medical conditions, the police made him submit to standardized field sobriety tests, arrested him and had him provide a breath test. By raising several issues regarding the traffic stop and OVI investigation, we obtained a complete dismissal of the OVI charges with our merely pleading to the taillight citation.

  
August 29, 2023
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OVI Charges After Refusal Dismissed:

The police followed our client, claiming he was weaving and crossed a marked lane. They used this as justification for initiating a traffic stop that led to OVI charges. By thoroughly investigating the traffic stop, we discovered multiple issues, including video footage showing he went on but not over the marked lane. At a suppression hearing, the case was resolved with a dismissal of the OVI charges with our client pleading to a non-moving citation instead. This saved him from points to his license, an OVI on his record and a year-long license suspension.

  
August 24, 2023
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OVI Charges Dismissed:

When we obtained discovery material for our client who was charged with an OVI, we discovered substantial issues with the traffic stop as well as field sobriety tests. By raising arguments related to these issues, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead.

  
August 22, 2023
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Marijuana OVI Dismissed:

The police conducted a traffic stop of our client, arrested him, had him provide a urine sample and charged him with an OVI. The urine sample came back showing THC metabolites over the legal limit. By keeping the pressure on the state regarding their response to our discovery requests and utilizing various issues we uncovered regarding the stop, we were able to obtain a dismissal of the OVI charges.

  
August 9, 2023
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Obstructing Official Business Charges Dismissed:

Our client was involved in a traffic stop during which the officer claimed she interfered with the stop. As a result, she was charged with obstructing official business. We leveraged potential language barriers, our client's otherwise clean record and other facts regarding the traffic stop to obtain a completed dismissal of all charges against her.

  
August 9, 2023
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Unemployment Won - Residents are Not Interns:

Our client worked during her second post-graduate year from medical school as a resident at a hospital. Unemployment excludes from covered employment medical interns. They excluded our client's employment as well and denied her benefits. Through an appeal to the Unemployment Compensation Review Commission, we showed that a resident is not an intern, and her employment was covered. As a result, she prevailed and received her unemployment compensation.

  
August 9, 2023
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Over-the-Limit OVI Charges Dismissed:

Our client was charged with an OVI after a traffic stop during which an over-the-limit breath test sample was supplied. However, we raised multiple issues regarding the traffic stop through a suppression motion. By raising these issues, we were able to obtain a dismissal of the OVI charges with our client pleading to a non-moving traffic citation instead.

  
August 8, 2023
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OVI Charges Dismissed:

During a routine traffic stop, our client was subjected to field sobriety tests and then charged with an OVI. By investigating the matter, we obtained a dismissal of the OVI charges with our client pleading to a traffic citation instead. This saved her from, among other things, and OVI to her record and high points to her license.

  
August 8, 2023
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Unemployment Appeal Won After Termination:

Our client was disciplined for allegedly making an inappropriate comment. She was then disciplined a second time for the same comment. She was then terminated, without given a reason. We demonstrated through a hearing that the employer lacked just cause to terminate and as a result we won the hearing and benefits for our client.

  
August 8, 2023
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Unemployment Appeal Won - No Just Cause to Discharge:

Our client made a delivery of produce as instructed. The employer claimed he did not leave teh produce in the cooler and terminated him. He was initially denied unemployment compensation until we represented him through a hearing and demonstrated that he did exactly what he was trained and instructed to do. As a result, we won his hearing for him.

  
August 7, 2023
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Labor Arbitration Won:

When a bus driver and union member raised an issue about a fare with a passenger, he found himself subjected to a verbal attack upon himself and his family. After attempting to deescalate the situation, he closed the doors of the bus to proceed. The passenger, who had been standing on the street, kept his foot on the bus as the doors closed, his foot became trapped, and he fell. The employer terminated the union member as a result. We prevailed by showing that the employer lacked any evidence that the employee intentionally closed the doors on the passenger's foot. As a result, he was awarded his job back.

  
July 31, 2023
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Unemployment Won After Termination:

An employer forced our client into a new position, and then it terminated her claiming she was not able to meet the requirements of the new position. We prevailed at a hearing, showing the termination was through no fault of our client. As a result, she won her hearing and her benefits.

  
July 27, 2023
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Unemployment Appeal Won:

Our client submitted a resignation notice. The employer told her not to come back to work and did not pay her through the resignation notice period. She first found herself denied benefits, but through a hearing we showed the hearing officer that this circumstances must be viewed as though a termination. Agreeing with us, the hearing officer concluded there was not just cause to terminate and our client won her hearing.

  
July 24, 2023
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OVI Charges with Over-the-Limit Test Dismissed:

After being stopped for an alleged marked lanes violation, submitting to field sobriety tests, and providing an over-the-limit breath test result, our client was charged with an OVI. We arrived at court prepared to proceed with a suppression motion hearing when we were able to obtain a dismissal of the OVI charges with our client accepting a traffic citation instead. In addition to saving him from having an OVI on his record, he was able to walk out of court without any driver's license suspension.

  
July 19, 2023
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Unemployment Hearing Won:

Our client found himself denied unemployment after his employer raised of multitude of justifications for his termination. Through a hearing, we addressed each of their concerns by showing the employer failed to follow its progressive discipline policy, other justifications were simply a pre-text, and others were not supported by the evidence. As a result, our client won his hearing and his unemployment compensation.

  
July 17, 2023
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OVI Charges After Accident Dismissed:

Our client was involved in a singe-vehicle accident, transported to the hospital, tested and charged with an OVI. Through a thorough investigation and presentation of the State's lack of evidence of impairment (as opposed to a concussion for example), we obtained a complete dismissal of the OVI charges. Our client was also offered a diversion for the failure to control charge, resulting in all charges being dismissed.

  
July 11, 2023
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Unemployment Appeal Won After Harassment:

Our client worked for a cellular store where she was subjected to ongoing sexual harassment by store customers. She attempted to resolve these concerns with the employer with teh employer responding that she should take at least one of the comments as a compliment. She eventually resigned, only to find her unemployment benefits denied. Through a hearing, we showed that she had just cause to resign and that she was entitled to unemployment compensation. The Hearing Officer agreed.

  
June 28, 2023
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Out-of-Office Notice - through August 3, 2023

While we typically encourage and provide free consultations every day, Mr. Smith will be unavailable to provide consultations until August 4, 2023. He will be available for free consultations after that time.

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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.