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The Do’s and Don’ts of a Drunk Driving Stop in Ohio
1.Expect to be arrested if you are stopped and you smell like alcohol. Do not try to talk your way out of anything. The police are never going to let someone drive off if they smell like alcohol. 2.Understand that getting arrested is no big deal. Understand to that it is the inevitable end to… Read More »
What A DUI/OVI Attorney Can Do For You
Hiring an attorney to represent you against drunk driving charges in Ohio is no small financial undertaking. To make the decision on whether to face these charges alone or to incur the financial burden of paying for representation, you need information about what you get for your money. Whenever I take on a drunk driving… Read More »
Ohio Supreme Court Suppresses Results of Intoxilyzer 8000 As Sanction for Failure to Turnover Discovery
In the case of Cincinnati v. Ilg, the suspect was in a one car accident. The police suspected that he had a prohibited amount of alcohol in his system and tested him using the Intoxilyzer 8000. Mr.Ilg’s attorney filed a Criminal Rule 16 discovery request with the trial court. The suspect, through his attorney, requested… Read More »
Failure to Refridgerate Urine Sample for 12 Hours Results in Suppression
In the case of State v. Mullins, the Defendant became the subject of a vehicle crash investigation on March 24, 2012. Upon being placed under arrest, by Trooper Brown of the Ohio State High-way Patrol, the Defendant agreed to sub-mit to a urine analysis. The Defendant’s urine sample was collected and witnessed by Trooper Hutton… Read More »
Constructive Arrest Delivered Up by the Court of Appeals When Needed
There are times when the prosecutor needs you not to be under arrest. This is usually when probable cause to arrest is a close run thing and the later that the judge can find that the suspect was placed under arrest, the more evidence the judge can point to in order to support the probable… Read More »
Can the Police Arrest Me for Drunk Driving Based Upon a tip from a Citizen Informant?
On May 24, 2012, a driver was cited for an OVI, in violation of R.C. 4511.19(A)(1)(a). The driver entered a plea of not guilty at his arraignment and then filed a motion to suppress all the evidence which was acquired from the stop and subsequent arrest. A hearing on the motion to suppress was held… Read More »
The Effects of Failure to File a Motion to Suppress
If you get pulled over for drunk driving, your attorney needs to make sure that he files a Motion to Suppress evidence if he is going to argue that the police failed to conduct the Field Sobriety Tests at the scene correctly. In the case of State v. Cline, 2013 Ohio 1404, the defendant never… Read More »
If I am not Doing Anything Wrong, Can the Police Stop Me Just Because I am Acting Strangely?
“The Fourth Amendment to the United States Constitution and Section 14, Article I of the Ohio Constitution prohibit unreasonable searches and seizures, including unreasonable automobile stops.” Bowling Green v. Godwin, 110 Ohio St.3d 58, 850 N.E.2d 698, 2006 Ohio 3563. In order to make an investigative traffic stop, an officer must have a reasonable suspicion,… Read More »
If a Tipster is Himself Intoxicated, Will He Be Reliable Enough for that to be Reasonable Suspicion to Pull Me Over?
Before initiating a stop, a “police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant [the] intrusion.” Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Determination of whether reasonable suspicion exists in any given case requires… Read More »