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Fifth District explains that, "A trial court abuses its discretion by denying a pretrial motion to suppress in an OVI case as 'untimely filed' where the motion to suppress was promptly filed after the state provided discovery and the request for leave articulate the reason for the late filing." State v. Bryson, 2017 Ohio 830 (5th Dist.). https://www.supremecourt.ohio.gov/rod/docs/pdf/5/2017/2017-Ohio-830.pdf March 6, 2017 Bryson was cited with an OVI and arraigned on May 16, 2016.  On May 31 a pre-trial was held, on June 2 the state responded to Bryson's request for discovery, and on Jun ..read more

State uses Florida drivers' license as justification for completing field sobriety tests without explanation. City of Cleveland v. Hyppolite, 2016 Ohio 7399 (8th Dist.). https://www.supremecourt.ohio.gov/rod/docs/pdf/8/2016/2016-Ohio-7399.pdf October 20, 2016 Trooper Kay was engaged in a traffic stop of a vehicle on Interstate 90 in Cleveland when he believed Hyppolite violated Revised Code 4511.213 by passing his stopped cruiser with the lights on without slowing down or changing lanes.  He therefore initiated a traffic stop of Hyppolite and reported that he used the following observatio ..read more

Evidence to arrest sole occupant of single vehicle accident is sufficient even when the occupant was not observed driving the vehicle. State v. Sayler, 2016 Ohio 7083 (9th Dist.). https://www.supremecourt.ohio.gov/rod/docs/pdf/9/2016/2016-Ohio-7083.pdf September 30, 2016 A call was received that a white SUV was observed to have lost control and spin off in to a median.  When Trooper Dudas of the Ohio State Patrol arrived at the scene units from the Medina County Sheriff's Office and the Seville Police Department were already at the scene with Sayler in the back of a cruiser.  Dudas ..read more

When applying for Ohio unemployment benefits, this can be just cause to resign, but generally the employee must both prove the medical condition prevents them from working that job AND take steps to try to resolve the issue with the employer (e.g., asking about alternative positions) before resigning. The Ohio 8th District Court of Appeals recently issued a decision repeating these rules: [G]enerally[,] employees who experience problems in their working conditions must make reasonable efforts to attempt to solve the problem before leaving their employment. Essentially, an employee must notify ..read more

The General Rule: Many times people resign from one job to accept another only to find the new job fell through for one reason or another. In what can often be an unjust rule, ODJFS generally finds that quitting a job to accept other employment is a resignation without just cause. Shields v. Kelly Servs., Inc., 2021-Ohio-4018, ¶ 17 (8th Dist.), citing Radcliffe v. Artromick Internatl., Inc., 31 Ohio St.3d 40, 41, 31 Ohio B. 148, 508 N.E.2d 953 (1987). Exception Related to Temporary Agencies: When an employer conducts its hiring through a temporary agency, an employee who complies and is hired ..read more

2nd District holds that field sobriety tests that deviate from NHTSA standards are admissible, if the deviations did not affect the results. State v. Starks, 2016 Ohio 5872 (2d Dist.). https://www.supremecourt.ohio.gov/rod/docs/pdf/2/2016/2016-Ohio-5872.pdf September 16, 2016 Starks was stopped after an officer paced him speeding in excess of 100mph.  After observing signs of impairment, the officer conducted a the HGN test where he reported 6 out of 6 clues as well as the one-leg test, which he stopped because Starks almost fell.  Starks was ultimately convicted of and OVI at the D ..read more

Important Updates to Ohio Unemployment During COVID-19 / Coronavirus: A. Mass Layoff Number: If you are out of work due to COVID-19, you should use Mass Layoff Number #2000180 when applying for benefits. Instructions on how to use the Mass Layoff Number can be found here. B. Viewing Correspondence and Determinations:  Ohio's online unemployment system continues to have problems due to the high number of new claims. People are receiving notices they they are not able to open until about seven days later. Some of these notices, such as Notices of Required Action, expire before they can ever ..read more

Are Claimants Who Are Attending School Eligible for Ohio Unemployment Compensation? Able and Available for Work Once a person is qualified for unemployment, they must meet certain criteria each week that they apply for benefits. These criteria include, among other things, requirements that the person be able to work, available for suitable work, and actively seeking suitable work. (R.C. 4141.29(A)(4)(a)(i)). As a general matter, the available requirement requires the person to be available 24/7 to work full-time. Training and School When a person restricts their hours of availability to work b ..read more