Brian J. Smith, Esq
Nearby law practices
Center Ridge Road
Center Ridge Road
Center Ridge Road
Center Ridge Road
Center Ridge Road
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Trusted legal representation for criminal matters, unemployment appeals, DUIs and labor unions. Mr. Brian J. While at Akron, Mr. After graduating, Mr.
Smith uses his trial and negotiation skills in a general practice where he has developed expertise in representing men and women in criminal matters, unemployment appeals, and OVI/DUI defense. He resides in Huron, Ohio, helping Smith Law Offices to easily reach its resources along the northern coast of Ohio, from Cleveland to Toledo.
Brian J. Smith is a member of the:
National Association of
04/03/2024
Some useful information about Ohio's new recreational ma*****na rules and laws.
Ohio Recreational Ma*****na - The Law, Uses, Crimes and Penalties Ohio Recreational Ma*****na - The law, permitted uses, the new crimes and the penalties.
12/05/2023
Ohio OVI / DUI Lawyers - Law Offices of Brian J. Smith, ltd If you have found yourself in the unfortunate position of being faced with an OVI charge, re-empower yourself by contacting Smith Law Offices for a free tele...
12/03/2023
Ohio OVI (DUI) Penalties Ohio DUI / OVI penalties progress based on the number of prior OVI convictions and whether you are charged with a low or high level OVI. The attorneys at Sm...
01/27/2023
Bill would give Ohio drivers caught with ma*****na in their system a break on OVIs The bill would give people the chance to stave off an OVI by arguing they were sober, even if they tested positive for ma*****na.
12/11/2022
Police use standardized field sobriety tests (SFSTs) to justify their arrests and prosecutors use the results to pursue OVI charges. A thorough understanding of the SFSTs is required defensively raise an attack against the purported results.
Standardized Field Sobriety Tests (SFSTs) Police use standardized field sobriety tests (SFSTs) to justify their arrests and prosecutors use the results to pursue OVI charges. A thorough understanding of the SFSTs is required defensively raise an attack against the purported results.
12/10/2022
Brian J. Smith, Premier DUI Attorney, Advanced Level Training on Attacking DUI Reports & Videos Brian J. Smith recently received advanced level training, from the American Association of Premier DUI Attorneys, on attacking DUI reports and videos in DUI cases. To effectively attack DUI reports and videos, it is critical to know and use the officer’s NHTSA Manuals against him. Even the most ex...
12/05/2022
Brian and John updated their photos today.
11/30/2022
Nothing makes us happier than receiving kind reviews from our clients. https://www.briansmithlaw.com/testimonials
06/02/2022
https://brianjsmithesq.com/blog/2022/6/2/receiving-ohio-unemployment-while-attending-school
Receiving Ohio Unemployment While Attending School — Brian J. Smith, Attorney If a person was attending school when they became unemployed, ODFJS should not deny their benefits merely because they continue to attend that school after applying for benefits.
02/28/2022
Brian J. Smith, Premier DUI Attorney, Advanced Level Training on Winning DUI Cases With Divided Attention | American Association of Premier DUI Attorneys Brian J. Smith recently received advanced level training, from the American Association of Premier DUI Attorneys, on how to win DUI cases with divided attention. Almost everything that an officer is trained to do and look for during a DUI investigation is related to divided attention impairment. In....
01/09/2022
When a request to backdate a PUA application is denied, appealing the most recent monetary determination will force the issue into the appeal process and ultimately a telephone hearing.
https://brianjsmithesq.com/blog/2022/1/7/pua-backdate-request-denied
PUA Backdate Request Denied — Brian J. Smith, Attorney When a request to backdate a PUA application is denied, appealing the most recent monetary determination will force the issue into the appeal process and ultimately a telephone hearing.
While Ohio may waive PUA over-payments in circumstances where it is shown that (a) the overpayments are through no fault of the claimants and (b) that to require repayment would create an undue financial burden, applying for a waiver is no substitute for appealing the determination that originally put the overpayment in place.
https://brianjsmithesq.com/blog/2022/1/5/pandemic-unemployment-waivers
Pandemic Unemployment Waivers — Brian J. Smith, Attorney While Ohio may waivers of PUA over-payments in circumstances where it is shown that the overpayments are through no fault of the claimants and that to require repayment would create an undue financial burden, applying for a waiver is no substitute for appealing the determination that originally put
01/05/2022
Ohioans Grapple With Unemployment Overpayment Fallout
https://www.govtech.com/gov-experience/ohioans-grapple-with-unemployment-overpayment-fallout
Ohioans Grapple With Unemployment Overpayment Fallout Thousands of Ohio residents wait to see if they must pay back unemployment benefits that the Ohio Department of Job and Family Services mistakenly gave them. So far, the state has waived $72.1 million in overpayments.
Resigning a job due to medical issues? 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 the employer of the problem and request it be resolved, and thus give the employer an opportunity to solve the problem before the employee quits the job; those employees who do not provide such notice ordinarily will be deemed to quit without just cause and, therefore, will not be entitled to unemployment benefits."
The court went on to quote an Ohio Supreme Court case that stated, “"[A]n employee's voluntary resignation on the basis of health problems is without cause within the meaning of R.C. 4141.29(D)(2)(a) when the employee is physically capable of maintaining a position of employment with the employer, but fails to carry her burden of proving that she inquired of her employer whether employment opportunities were available which conformed to her physical capabilities and same were not offered by her employer."
https://scholar.google.com/scholar_case?case=7335078543154502269&hl=en&as_sdt=6,36
Pryor v. DIRECTOR, OHIO DEPARTMENT OF JOB AND FAMILY SERVICES, 2021 Ohio 4315 - Ohio: Court of Appeals, 8th Appellate Dist. 2021 - Google Scholar David Yost, Ohio Attorney General, and Patrick Macqueeney, Assistant Attorney General, for appellee Ohio Department of Job and Family Services.
12/28/2021
Should You Plead to an Ohio OVI Charge? The Ohio OVI / DUI Defense attorneys of Smith Law Offices review whether pleading no-contest, or guilty, is a wise decision. The OVI/DUI Defense attorneys a...
12/24/2021
If you have been charged with an OVI, there a several important factors to consider before deciding whether to enter a guilty or no-contest plea.
Ohio OVI/DUI Attorneys
12/12/2021
Ohio OVI / DUI Penalties Ohio DUI / OVI penalties progress based on the number of prior OVI convictions and whether you are charged with a low or high level OVI. The attorneys at Sm...
12/12/2021
Ohio OVI / DUI Lawyers If you have found yourself in the unfortunate position of being faced with an OVI charge, re-empower yourself by contacting Smith Law Offices for a free tele...
Pandemic unemployment assistant programs are set to end in Ohio on Sept. 4, 2021. Pending benefit applications and appeals for weeks on or before Sept. 4 will continue to be processed and considered after the expiration of the programs. New PUA and PEUC applications will continue to be accepted through Saturday, Oct. 2, but only for weeks of unemployment prior to Sept. 4. This will need to be done by telephone.
08/25/2021
Mr. Smith has once again received the AVVO Client's Choice Award. https://www.avvo.com/attorneys/44116-oh-brian-smith-572855.html
Brian Smith - Lawyer in Rocky River, OH - Avvo Find Ohio attorney Brian Smith in their Rocky River or Huron office. Practices Employment and labor, DUI and DWI, Criminal defense. Find reviews, educational history and legal experience.
08/25/2021
Appeals court decides in favor of unemployed Ohioans | Policy Matters Ohio | August 24, 2021 It’s a win for jobless workers, but more action needed to restore benefits The Ohio 10th District Court of Appeals today reversed a trial court decision and ruled that state law calls for Ohio to continue paying the $300-a-week Federal Pandemic Unemployment Compensation (FPUC) benefits cut off by ...
08/19/2021
Scammers have hijacked some Ohio unemployment accounts, though state denies hacking Many Ohioans are saying criminals are logging into their unemployment benefits accounts, stealing benefits and gaining access to even more of their personal information.
07/28/2021
'My family is in a dilemma': Ohioans wait for judge to rule on $300 weekly unemployment extension One central Ohio father of seven said his rent is starting to get behind and he's struggling to find a job as a diesel mechanic.
07/12/2021
By noon today, John and I received and responded to 21 telephone calls requesting free consultations regarding OVI's and unemployment/PUA benefits. We do our best to respond to every call as soon as possible, but it is clear there are many people still struggling with their unemployment/PUA claims. For more information regarding COVID unemployment benefits, we have provided this web page: https://www.briansmithlaw.com/ohio-unemployment-and-covid-19-coronavirus
Ohio COVID-19 (Coronavirus) Unemployment Benefits Ohio COVID-19 Coronavirus Unemployment Benefits and Pandemic Unemployment Assistance (PUA). Highlights of expanded benefits, how and when to apply, how to file weekly claims, updates on the roll-out of benefits, and how to contact Ohio Unemployment.
05/24/2021
Former ODJFS unemployment call taker cites lack of training, staff for payment delays Pre-pandemic, the state says it would receive 20,000 calls a week. At the height of the pandemic it was dealing with 500,000 calls with 40 call takers.
05/13/2021
BREAKING: Ohio will opt out on June 26
Read more here: https://www.wkyc.com/article/news/local/ohio/gov-mike-dewine-announces-ohio-will-opt-out-of-300-federal-unemployment-program-starting-june-26/95-89bafa47-2960-4573-986a-773d62b43e6e
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Our Story
Mr. Smith uses his trial and negotiation skills in a general practice where he has developed expertise in representing men and women in criminal matters, unemployment appeals, DUI defense and union labor law. While the his main office is in Rocky River, he resides in Huron, Ohio helping Smith Law Offices to easily reach its resources along the northern coast of Ohio, from Cleveland to Toledo. Clients appreciate his work with many positive reviews and he works diligently to ensure everyone he serves receives the skill, attention and representation worthy of such kind reviews.
Brian J. Smith is a member of the: Ohio Employment Lawyers Association; Ohio Association of Criminal Defense Lawyers; Cleveland Metropolitan Bar Association; Cleveland Employment Lawyers Association; Ohio Bar Association; West Shore Bar Association; Lorain County Bar Association; Parma Bar Association; Southwest Area Bar Association; National Lawyers Guild; National College for DUI Defense; DUI Defense Lawyers Association. He participates with these legal associations to ensure he remains in front of the developing law and to contribute whenever possible.
Mr. Smith is currently admitted to practice in the State of Ohio, the United States District Court for the Northern and Southern Districts of Ohio, and the United States Court of Appeals for the Sixth Circuit.
Brian J. Smith graduated from Kent State University in 1996 with a Bachelors Degree in Psychology. He earned his law degree from the University of Akron School of Law, where he graduated summa cm laude in 2005. While at Akron, Mr. Smith served as an assistant and associate of the Law Review, having an article of his own published in 2005. After graduating, Mr. Smith served as an instructor at Akron, preparing law students for the rigors of legal research, writing and oral arguments. While studying at Akron, Mr. Smith was awarded the Ernest Karam Award of Academic Excellence, the Federal Bar Association Constitutional Law Award, and multiple Excellence for the Future Awards.
When Brian takes time away from his legal career, he spends his time as the father of three lively children. He is a member of St. Peter's Catholic church in Huron as well as a frequent visitor to the Sorrowful Mother Shrine in Bellevue. Brian and his children look forward to opportunities to get outdoors to cycle, hike, fish, play catch with their redbone coonhound Duke, barbecue, and to explore his enjoyment of photography.
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20545 Center Ridge Road, Ste 215
Rocky River, OH
44116
Edward F. Cleary, Attorney at Law
20800 Center Ridge Road STE 405
Rocky River, 44116
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