Mistakes are often made by law enforcement. If you are pulled over, it is best to remember the following as it can only help in a DUI/OVI/DWI offense.
- Law enforcement can’t gamble on a random phone call to pull you over unless he has the name and address of the person calling.
- You can’t be detained longer than what is reasonable to investigate. There is a limit and it is your right.
- There must be a reason you are stopped. It has to be a traffic infraction; not just his belief or suspicion of you being under the influence.
- If you are driving too slowly, it can’t be the only reason you are pulled over. You would have to be driving slowly with, for example, an expired license.
- I recommend never taking any tests. However, if you do, failing to follow the rules that the Department of Health has issued for use of a Breathalyzer may render testing null and void.
- Law enforcement may NOT follow you into your home without an invitation or enough information to justify the entry
- The statements alone of you, the driver, can’t be the base of the arrest. He needs evidence to corroborate your statements.
- You can’t be stopped based on an incorrect perception of a violation
- You can’t be stopped at an improper, unannounced roadblock.
If you enter a plea of guilty for a DUI/OVI, it is really difficult to withdraw it. If you are arrested, the best thing for you to do is call a criminal defense attorney in Ohio or Kentucky that can closely analyze the details of the arrest.
The Bottom Line: Many people make the mistake of pleading guilty only to find out that they could have had a strong defense against the DUI/OVI charges. If you have been charged with an OVI/DUI/DWI, it is imperative that you contact a criminal defense attorney in Ohio or Kentucky. Put my number in your phone, now: 513-260-2099, I can be reached 24/7.