A sample of recent results in OVI and DUI, criminal, and unemployment matters handled by the Law Offices of Brian J. Smith, ltd.
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.
After paying benefits to our client for months, the PUA issued a determination notice denying her benefits and demanding she pay back the benefits she already received. We represented her through a telephone hearing, obtaining and analyzing her file, verifying documentation was included, and presented legal arguments to the Hearing Officer that the PUA was wrong to deny her. The Hearing Officer agreed, reversing the denial of benefits and eliminating the overpayment.
After being pulled over for having a headlight out, our client found himself being asked to submit to field sobriety tests, arrested, and providing a urine sample. The state, however, failed to provide the urine test results until five days before the trail. After motions to compel and motions to exclude evidence of the late urine test and other evidence, we obtained a dismissal of the OVI. This saved our client from an OVI conviction on his record, six points to his driving record and a year-long minimum license suspension.
As a general rule, if claimant enrolls in school after becoming unemployed, they will be denied benefits for being "unavailable" for work. However, if the claimant was attending school while they were working, the schooling should not disqualify them from benefits. Our client, however, found ODJFS asking for a large overpayment after determining he was unavailable due to attending school. During a hearing, we showed the Hearing Officer that he attended school while he was working, and as a result the Hearing Officer agreed that he was eligible for benefits and eliminated the overpayment.
Our client received PUA benefits for several months when she received determination notices that (a) denied her benefits for failing to respond to an department inquiry, and (b) deducted from the benefits she received a pension benefit from an employer she worked at several years earlier. The Hearing Officer found in our favor on both points. First, he reasoned that there is no statutory authority for imposing a suspension of benefits for failing to respond to a department inquiry. Second, pension benefits are only deductible if from a base period employer. Our client's base period was 2019, but she last worked at the employer who contributed to the pension several years prior, and therefore was not deductible.
After experiencing a flat tire, our client found the police arrive to put him through field sobriety tests and have him submit to a breath test that resulted in a high reading. Facing a mandatory minimum of twenty-days of jail for a second-in-ten OVI, he contacted us for help. In addition to arguing his case, we showed that the prior OVI was from another state and Ohio could not show it was an actual DUI conviction. As a result, our client avoided a second-in-ten OVI and any jail time.