A traffic stop, commonly called being pulled over, is a temporary detention of a driver of a vehicle by police to investigate a possible crime or minor violation of law. Being pulled over for one of the following five reasons can also serve as an advantage for officers to get a look inside of your vehicle where contraband could possibly be in clear view.
Speeding. The number one reason a driver is pulled over. Speeding drivers are a cop’s main priority. The tickets they issue have proven to have a huge impact on safety. 34 million tickets are handed out each year in the United Stated. Slow down. If you have even had one drink, or you are acting suspicious, there will be repercussions. As a criminal defense attorney in Ohio, your best bet is to not answer any questions, or let the officer search your vehicle. Even though police officers can pull you over for basic traffic offenses, police officers cannot use traffic stops as a pretext to launch investigations. For example, unless the police have probable cause to believe that a car or its trunk contains weapons or contraband, the police cannot search a car that has been pulled over for a routine traffic violation like running a stop sign. Similarly, unless police officers have probable cause to believe that a driver or passenger has committed a serious crime; the officers cannot use the stop as a pretext to interrogate a car’s occupants about other possible crimes.
Distracted Driving. Texting and driving is against the law in Ohio. Don’t do it.
Equipment Violations. Leading the list are heavily tinted or cracked windows, burned-out headlights, broken windshields, expired tags, loud exhaust modifications. Anything that will catch an officers eye will get you pulled over.
Following Too Closely and Improper Lane Changes. Tailgating, changing lanes without using your signal, and an improper U turn will get you pulled over.
When you have been pulled over, the tried and true first question always seems to be; “Do you know why I pulled you over?” Take a deep breath before you think about answering at all. Just be courteous and vague. Officers have legal discretion in what they can cite you for, so it’s in your best interest to remain silent besides saying you need to call your criminal defense attorney.
The Bottom Line: There are many issues that are involved in any traffic stop, but it is multiplied if the traffic stop turns into an OVI arrest. There are potential constitutional rights violations that happen all the time. The penalties, and potential fallout that an OVI/DUI can create in your professional and personal life, is obviously serious and you need the help of a criminal defense attorney with exceptional expertise in OVI law and procedure. Call me immediately and let me look into whether the police even had probable cause to stop you in the first place. Put my number in your phone, I am always available. 513-260-2099
Leave A Comment