Law enforcement must have probable cause to stop, detain, or arrest you for a DUI. Probable cause simply means that enough reliable information exists to support a reasonable belief that a person was operating a motor vehicle while under the influence. Did police officers observe you driving as if impaired— swerving across the road, driving erratically, or driving through a stop sign or traffic light? A skilled criminal defense attorney will be able to decipher whether there was probable cause the evidence, and if not your case may get dismissed.
If you are stopped at a checkpoint – Was there any misconduct when you were stopped? If you were stopped and arrested for a DUI, a criminal defense attorney can challenge it if the officer failed to follow the very strict guidelines and rules that are to be a part of all checkpoints in Ohio.
Did you take a field sobriety test? There are many kinds and the best thing to do is not take any tests. Even if you haven’t had a drink, you could be tired, have medical conditions, taking medication or are simply too nervous for a test to be truthful. A defense can be made, however, to prove that the results are not reliable if you took one and did not pass it.
The Bottom Line: Even though police officers can pull you over for basic traffic offenses, police officers can’t use traffic stops as a “pretext” to launch investigations. Law enforcement is not flawless. If at any point before, during, or after your arrest, the officer cannot establish to the court that there was probable cause to continue to the next phase of the investigation, your attorney should attempt to have the evidence suppressed. If your evidence is not suppressed, it is still a good opportunity for a good criminal defense attorney to cross-examine the officer and discover weaknesses in the prosecution’s case in order to get your charges dismissed or reduced later on in the proceedings. 513-260-2099
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