Tag Archives: reasonable suspicion

Can You Be Arrested for OVI Based on a Random License Plate Check?

March 02, 2017  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Can You Be Arrested for OVI Based on a Random License Plate Check?

CAN AN OFFICER ARREST YOU FOR OVI BASED ON A RANDOM LICENSE PLATE CHECK? A random license plate check happens when a police officer runs the license plate number of a vehicle to check for license suspensions, expired tags, or warrants.  But is this allowed?  Is stopping someone based on a random license plate check […]

Share Button
Read More

OVI Dismissed Where Judge Believed Driver’s Testimony that Her Rear License Plate Light Was Working

November 05, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed Where Judge Believed Driver’s Testimony that Her Rear License Plate Light Was Working

In crafting a defense in an OVI case, one of the first questions we ask is whether the initial traffic stop was valid.  In order for the police to pull over a car, the driver must have committed some traffic violation. One recent Ohio case involving an OVI stop based on an alleged failure to […]

Share Button
Read More

OVI Charge Dismissed Based on Failure to Establish Violation of Ohio’s “Move Over” Law (Failure to Yield to Emergency Vehicle)

May 24, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Charge Dismissed Based on Failure to Establish Violation of Ohio’s “Move Over” Law (Failure to Yield to Emergency Vehicle)

In a recent case, our client was pulled over for failure to “move over” for a police cruiser in the shoulder.  At a motion hearing on whether the officer had reasonable suspicion for the stop, Attorney Doug Riddell argued that the state failed to establish the defendant’s speed prior to the stop – an essential […]

Share Button
Read More

OVI Dismissed Where Trooper’s Dash Cam Did Not Show Marked Lanes Violation

April 18, 2015  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed Where Trooper’s Dash Cam Did Not Show Marked Lanes Violation

Many of the OVI / DUI cases we see involve an allegation of a marked lanes violation.  In these cases, the officer says that the reason for the stop is that the driver drove outside of his lane across the yellow line or the center line.  With the widespread use of cruiser dash cameras, these […]

Share Button
Read More

Drug Evidence Suppressed Where Police Search Driver Without Reasonable Suspicion of Criminal Activity

February 09, 2015  |   Posted by :   |   Ohio Drug Laws   |   Comments Off on Drug Evidence Suppressed Where Police Search Driver Without Reasonable Suspicion of Criminal Activity

In another recent unconstitutional search and seizure case, an Ohio Court of Appeals has again affirmed that being in a high-crime area does not in itself allow police to conduct warrantless searches. In this case, a driver was parked at a gas pump and had a baggie in his hand.  He was approached by police who […]

Share Button
Read More

Anonymous Tip to Police About “Suspicious Van” Cannot Justify OVI Stop

October 26, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on Anonymous Tip to Police About “Suspicious Van” Cannot Justify OVI Stop

We have discussed anonymous tips in prior posts.  An anonymous caller tips the police to a potential drunk driver, often resulting in an OVI charge.  Looking closely at those anonymous calls, however, can be a critical part of defending against an OVI charge.  If the caller is anonymous, does not describe any actual criminal activity, […]

Share Button
Read More

OVI Dismissed: Delaying at a Green Light Not Considered Illegal “Parking” to Justify a Traffic Stop

October 06, 2014  |   Posted by :   |   Columbus, Ohio DUI Law   |   Comments Off on OVI Dismissed: Delaying at a Green Light Not Considered Illegal “Parking” to Justify a Traffic Stop

One of the first potential defenses to an OVI stop is: Was the reason for the stop lawful?   In order to pull a car over, a police officer must have “reasonable suspicion that a traffic violation has occurred or was occurring.”  Even if the traffic violation is very minor (i.e., failure to use a […]

Share Button
Read More

Furnishing Alcohol to an Underage Person Charge Dismissed Due to Unconstitutional Warrantless Entry

August 03, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Furnishing Alcohol to an Underage Person Charge Dismissed Due to Unconstitutional Warrantless Entry

Underage drinking citations often arise during or following parties at private homes.  If an officer actually enters a home and starts giving out underage drinking citations or citations for furnishing alcohol to a minor, the first question to ask is whether the officer’s entry was legal.   Did the officer have a warrant?  Did the […]

Share Button
Read More

OVI Dismissed Based on Mistake of Law by Officer: Failure to Stop “At” Stop Sign Includes Stopping “On” the Stop Line

July 17, 2014  |   Posted by :   |   Ohio DUI / OVI Defense   |   Comments Off on OVI Dismissed Based on Mistake of Law by Officer: Failure to Stop “At” Stop Sign Includes Stopping “On” the Stop Line

In every OVI case, it is critical to examine the reason for the initial stop.  The police are required to have “reasonable, articulable suspicion” that you have committed a traffic stop or committed some other crime in order to pull you over.  If they think you committed a traffic violation – but were wrong on […]

Share Button
Read More

Marijuana Possession & Paraphernalia Charge Thrown Out for Lack of Reasonable Suspicion

June 22, 2014  |   Posted by :   |   Columbus Criminal Defense   |   Comments Off on Marijuana Possession & Paraphernalia Charge Thrown Out for Lack of Reasonable Suspicion

In State v. Casey, 2014-Ohio-2586, the court threw out a possession of marijuana and paraphernalia charge based on the officer’s violation of the driver’s Fourth Amendment rights.   Even though the driver passed field sobriety tests, the officer made the driver sit in his cruiser and wait for a canine unit to search his car […]

Share Button
Read More