Does the officer have the right to stop me in a Cincinnati OVI case?
If you are stopped for a traffic violation, the 4th and 14th Amendment are applicable since it has been deemed a “seizure” under Ohio case law. Thus, there is a certain standard that an officer must meet when making a traffic stop.
Thus, the officer must have probable cause to stop a vehicle or at least have an articulable reasonable suspicion of criminal activity to justify the stop. This standard is based on a totality of circumstances approach, measured subjectively by the court.
So, if an officer sees you commit a traffic violation, that will justify the officer’s stop. Keep in mind, that where the officer did not see any traffic violations occur, no criminal violations or any suspicious activity, an Ohio court has held that the officer’s stop was not justified and deemed it illegal.
Therefore, in a Cincinnati, OVI case it is important to analyze and assess why the officer pulled you over. Once that issue is determined, a motion to suppress evidence should be filed to call into questions the legality of the stop, whether any standardized field sobriety tests were administered in substantial compliance with the National Highway Safety Administration Manual and can the State establish probable cause to arrest you.
Through aggressive cross-examination of the officer, it may be possible to ascertain that the officer did not see any type of criminal activity and that he or she pulled you over on a “hunch”. The Ohio courts have been quick to hold that an officer’s hunch is not enough to justify the stop of a motor vehicle.
In addition, any chemical test (breath, blood or urine) test may be challenged as not in compliance with the Ohio Department of Health Guidelines or the Ohio Administrative Code guidelines.
Whether the charge is a minor misdemeanor traffic offense or a felony of the 1st degree, we will aggressively advocate for you. Mark Wieczorek is available 24/7 and is committed to providing the best criminal defense counsel and customer service available. You will have access to our day or night to answer any questions or concerns you may have.
If you or a loved one has been charged with a crime contact us now. Time is not on your side – let us put our experience and proven results to work for you.