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Questions Answered by Brian Smith Esq

2 Answers | Asked in DUI / DWI for Ohio on

Q: In Ohio, do OVI’s cross county lines when doing sentencing?

I have one OVI in Franklin County and just received my second in Delaware County. Will that count as 3? The first was in 2015, 2017, and now.

Brian Smith Esq answered on Aug 16, 2019

Yes, when determining the number of priors for the purpose of determining mandatory minimum penalties an Ohio court will not only look to prior convictions anywhere in Ohio, but it may also look at "equivalent offenses" from other states.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Ohio on

Q: If my liciense are suspended and i have a warrant how can i get the block off completly

I have a warrant block from one of my tickets i didnt pay now tgey asking me to turn myself in

Brian Smith Esq answered on Apr 15, 2019

That attorney could file a motion to lift the warrant. These are frequently granted when a court sees an effort to resolve the ticket. A court may then schedule a pretrial where that attorney can work to resolve the ticket too. If the court will not withdraw the warrant, an attorney could help... Read more »

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3 Answers | Asked in Criminal Law for Ohio on

Q: How much can or will legal aid help you?

F1 case, my girlfriend is being charged with complicity to aggravated robbery. 100,000 bail.

Brian Smith Esq answered on Jan 19, 2019

There are legal aid groups and there are appointed attorneys. If someone is charged with a crime, they may ask the court for an appointed attorney. Courts will typically have the person complete a financial affidavit to determine whether they financially qualify. If they do, the court will... Read more »

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2 Answers | Asked in DUI / DWI for Ohio on

Q: Do I owe a reinstatement fee after I complete my Intoxalock in Ohio?

Brian Smith Esq answered on Dec 20, 2018

The Ohio Bureau of Motor Vehicles web page allows you to view your suspensions and reinstatement requirements. You may find this by searching for Ohio BMV Online Services.

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1 Answer | Asked in Criminal Law and Civil Litigation for Ohio on

Q: What to do with a payroll overpayment ?

I have funds from an employer that should of not of been deposited.

Brian Smith Esq answered on Nov 19, 2018

It sounds like the employer deposited too much to your account. When they discover the error they can and will take the money back. you might build some good faith by letting them know of the over deposit.

1 Answer | Asked in Criminal Law and Traffic Tickets for Ohio on

Q: Backgrnd check says open warrant docket says closed w fine due what's correct?

So the court docket dayz case closed background check still shows open warrant who's right?12yrs ol d no license speed

Brian Smith Esq answered on Nov 12, 2018

I cannot say without checking with the court. You may want to contact the court so you can talk to them about this. Or you may want to consult with an attorney for help resolving this. What I can say is that, when a warrant is issued, Ohio courts will mark the case as closed until the warrant is... Read more »

1 Answer | Asked in Employment Law for Ohio on

Q: I quit my job. Handbook says we get unused vacation benefits. Do they have to pay?

Employee handbook says "Employees who resign are entitled to receive accrued, unused vacation benefits"

Brian Smith Esq answered on Oct 29, 2018

It certainly sounds as though they would have to pay. Employers are generally held to comply with their vacation policies. A review of the entire policy should be conducted to ensure there are no exceptions.

1 Answer | Asked in Employment Law for Ohio on

Q: Can an employer drop your pay by 3 dollars, if you are late to work more than 3 times in 90 days of employment

Brian Smith Esq answered on Oct 29, 2018

More information would be needed to fully evaluate this. The employer must pay you at least minimum wage of course. If you are protected by a contract with a wage rate, or perhaps a union contract, you might be able to challenge this. However, absent a minimum wage violation or contract... Read more »

2 Answers | Asked in Car Accidents for Ohio on

Q: I was involved in an auto accident.

The other party was at fault and the driver is 17 and still in high school. My car is totaled and the insurance payout will not cover buying a similar make/model auto. Am I able to sue for the difference? And if so who do I sue, the 17 year old driver or the parents?

Brian Smith Esq answered on Oct 1, 2015

It sounds as though you could sue. Generally, an attorney would seek to include as many people who may potentially be liable in the suit (e.g., driver, parents, owner of car).

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