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.

OVI Charges Dismissed:

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.

  
April 18, 2024
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OVI With Over-the-Limit Test Dismissed:

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.

  
April 17, 2024
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Unemployment Fraud Appeal Won:

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.

  
April 16, 2024
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Unemployment Hearing Won:

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.

  
April 16, 2024
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Unemployment Fraud Appeal Won:

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.

  
April 15, 2024
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Unemployment ID Appeal Won:

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.

  
April 15, 2024
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Unemployment Hearing Won:

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."

  
April 12, 2024
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OVI Charges Dismissed:

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.

  
April 11, 2024
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Unemployment Fraud Appeal Won:

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.

  
April 8, 2024
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Unemployment Appeal Won:

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.

  
April 5, 2024
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PUA Fraud Appeal Won:

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.

  
April 4, 2024
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Unemployment Won After Termination for Attendance:

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.

  
April 1, 2024
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OVI Charges Dismissed:

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.

  
March 28, 2024
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OVI Charges Dismissed:

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.

  
March 27, 2024
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Another Unemployment Fraud Appeal Won:

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.

  
March 27, 2024
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Unemployment Hearing Won:

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.

  
March 26, 2024
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Unemployment Fraud Appeal Won:

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.

  
March 26, 2024
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OVI Charges Dismissed:

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.

  
March 26, 2024
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Unemployment Hearing Won - No Just Cause to Terminate:

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.

  
March 25, 2024
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OVI with Over-the-Limit BAC Dismissed:

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.

  
March 25, 2024
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Unemployment Hearing Won:

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.

  
March 22, 2024
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OVI Charges with Breath Test Dismissed:

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.

  
March 21, 2024
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Another PUA Fraud Appeal Won:

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.

  
March 21, 2024
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OVI With Breath Test Dismissed:

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.

  
March 20, 2024
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Unemployment Appeal Won:

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.

  
March 20, 2024
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Unemployment Won After Termination For Safety Violation:

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.

  
March 19, 2024
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Late Unemployment Identity Appeal Won:

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.

  
March 19, 2024
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Hit & Skip Charges Dismissed:

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.

  
March 14, 2024
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PUA Fraud Appeal Won:

We prevailed with another PUA Fraud determination, that would have resulted in our client repaying thousands of dollars.

  
March 14, 2024
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Unemployment Hearing Won - No Just Cause to Terminate:

After working at his job for more than 10 years, receiving promotions along the way, our client's employer terminated him claiming he was failing to meet performance expectations. Through a hearing, we showed that this was not true and that the performance expectations and job duties changed frequently throughout his career. As a result, he won his hearing and his benefits.

  
March 14, 2024
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Unemployment Hearing Won Against Federal Government:

Our client was employed through Department of the Air Force, which allegedly conducted a review of her group and then five months later terminated her as a result of that review. We showed that the investigation was faulty, that she had no prior discipline, and that the five month delay was unexplainable. As a result, we won her hearing and her benefits for her.

  
March 14, 2024
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Unemployment Hearing Won:

After our client was terminated for alleged dishonesty and insubordination, we represented her through a hearing where the hearing officer concluded, "The available record does not support a conclusion that claimant acted in a willful or deliberate manner so as to intentionally disregard the employer's interests." As a result we prevailed at the hearing for our client.

  
March 14, 2024
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OVI Charges Dismissed:

Our client was stopped for speeding and then found himself being put through standardized field sobriety tests, arrested and cited with an OVI. Through an investigation into his case, we raised issued with regard to the field sobriety tests and a general lack of evidence of impairment. As a result, we obtained a dismissal of the OVI charges with our client pleading to a non-moving citation instead.

  
March 12, 2024
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PUA Fraud Appeal Won:

Another of our clients received a determination notice claiming the PUA benefits were fraudulent. The notice demanded all of the benefits, as well as penalties, be repaid. Through the appeal steps, we prevailed - eliminating the overpayment and fraud determination.

  
March 8, 2024
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Another PUA Fraud Appeal Won:

With many people receiving PUA fraud determinations, we are steadily prevailing with our appeals to remove the determinations and overpayments, as we did with another client today.

  
March 8, 2024
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OVI Charges Dismissed, CDL Saved:

Our client was at risk of losing his job and his commercial driver's license after he was charged with an OVI. We obtained a dismissal of the OVI charges, with the court vacating his administrative license suspension, in a maneuver that saved his job and CDL. He pled to a non-moving citation instead.

  
March 7, 2024
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PUA Unemployment Fraud Determination Won:

Our client received a notice years after she finished collecting PUA unemployment accusing her of fraud. By strategically appealing this determination, we obtained a win, the fraud determination was removed, and the overpayment Ohio was attempting to collect was removed.

  
March 1, 2024
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PUA Fraud Appeal Won:

Another of our clients received a fraud determination years after they stopped collecting PUA benefits. By catching the determination quickly and taking all steps to get the determination reversed, we obtained a dismissal of the fraud determination within a couple weeks.

  
March 1, 2024
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Unemployment Won After Accusation of Sexual Harrassement:

Our client had a consensual relationship with a co-worker. He had no supervisory authority of the co-worker. The employer also had no rules prohibiting tow employees from having a consensual relationship. However, after the co-worker's significant other learned of the relationship, she resigned. The employer terminated our client claiming he violated a sexual harassment policy. However, during the hearing, no harassment was shown and no rule violation was shown. As a result, we prevailed at the hearing and our client won his unemployment benefits.

  
February 28, 2024
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Underage Possession of Alcohol Charges Dismissed:

Our client was charged with a first-degree misdemeanor for allegedly being in possession of alcohol containers that were in the toolbox of his truck. However, by demonstrating that the state lacked sufficient evidence of his knowledge of the alcohol in his truck, which he and others in his family used, we obtained a complete dismissal of the charges.

  
February 27, 2024
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Unemployment Appeal Won for Remote Worker:

Our client was working remotely when his boss started to complain about it. While in the midst of these discussions, the employer suddenly terminated his employment and challenged his unemployment benefits. Through a hearing, we showed that our client did not demonstrate an unreasonable disregard for the employer's interests. As a result, we won the unemployment benefits.

  
February 26, 2024
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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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OVI Charges Dismissed:

After our client was stopped for an alleged turn signal violation, he quickly found an officer putting him through field sobriety test despite our client's injured knee. Despite providing a urine sample that tested over the legal limit, we were able to obtain a dismissal of the OVI charges with our client pleading to a traffic citation instead.

  
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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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.