If you are pulled over in Ohio, there must be probable cause to stop, detain, or arrest you for an OVI. Without probable cause, the evidence, and the case against you may get dismissed. The police must have a reasonable suspicion or reasonable belief that you are engaged in a criminal activity before they can stop your car, conduct an OVI investigation, or arrest you for an OVI. If an officer does not have the required probable cause before engaging in any one of these stages, any evidence that is obtained as a result of that illegal procedure will be suppressed. When evidence is suppressed, it means that the prosecution cannot use it against you. A skilled criminal defense attorney will help you through this.
If you were stopped at a checkpoint – Was there any misconduct when you were stopped? If you were stopped and arrested for an OVI, 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: Law enforcement is not flawless. There are many examples of police cutting corners, making quick decisions and oversights which can violate your rights. Call me if you have been arrested, as it is possible to use mistakes made by law enforcement to get charges completely dismissed or challenge the legality of the arrest that would urge the prosecution to reduce the charges.
Call me: 513-260-2099