The Ohio Supreme Court recently issued a decision in State v. Fips. The Court concluded that, when the reasonable suspicion of criminal activity for a traffic stop has been dispelled, a police officer can nevertheless check the status of the driver’s license. The Court’s treatment of precedent is reminiscent of the ‘Telephone Game’.
DUI cases (called ‘OVI’ in Ohio) are some of the most complicated cases filed in Ohio courts. From field sobriety tests to breath/blood/urine tests, there are many minute and highly technical details that can make or break an OVI defense in court. Often, a seemingly simple but no less important detail can get lost under the mountain of specialized evidence in OVI cases: why did the person get pulled over in the first place? And, more importantly for OVI defense: what degree of evidence does the prosecution need to present to justify that traffic stop?
Columbus OVI/DUI Attorney Blog