Articles Tagged with traffic stops in DUI/OVI cases

License-plate-of-trooper-cruiserIf another driver becomes angry with you, that driver can easily call the police and report you as a drunk driver. The driver doesn’t have to give a statement to the police. In fact, the allegation can be completely anonymous.

Should police officers be permitted to stop you based only on another person’s anonymous tip? That question will be answered by the Ohio Supreme Court, as it recently agreed to hear the case of State v. Tidwell. The case could have broad implications, not for not just OVI cases, but for individuals’ Fourth Amendment protections in general.

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Officer holding cell phoneSuppose you are driving around Columbus on I-270 and an officer pulls you over for speeding. The officer gets out of his cruiser and walks up to your car. When the officer reaches your window, you see on his uniform he is from the Cincinnati Police Department. ‘That’s odd’, you think, ‘why is an officer from Cincinnati making a traffic stop in Columbus?’ Good question. A better question is this: does that traffic stop violate your Constitutional rights?

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http://www.dreamstime.com/royalty-free-stock-photo-traffic-stop-sobriety-test-image5432615Imagine you are driving home on a central Ohio freeway after a late dinner and you are pulled over by a police officer. The officer says you were stopped for failing to use your turn signal when you changed lanes. The officer announces he smells the odor of alcohol and asks if you have been drinking. You did have a glass of wine with dinner. The officer then asks you to get out of the car for some field sobriety tests to “make sure you’re okay to drive”. Under what circumstances is the officer justified in doing this?

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Video camera in cruiserIf an officer’s testimony about a traffic stop is not corroborated by the officer’s cruiser video, how do judges rule on the justification for a traffic stop? Once a judge makes a ruling, under what circumstances might that ruling be overturned by an appellate court?  A recent case decided by the Tenth District Court of Appeals in Columbus, Ohio illustrates the discretion judges are given regarding evidentiary issues in OVI motion hearings.

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