Law Offices of Ravert J. (Jay) Clark
DUI: What constitutes an unlawful stop?
When the police pull you over, it can be nerve-wracking experience, especially if you are intoxicated. It us difficult to remember your rights when a police officer is standing right in front of you. You may or may not know that the police need a reason to pull you over, or else it is an unlawful stop.
It is important know about unlawful stops, as 2.2 percent of Ohioans report driving after consuming too much alcohol, which is greater than the national average. What is an improper DUI stop and how can you use it as a defense?
What is an unlawful stop?
Police officers need to have reasonable suspicion that you are driving under the influence for them to stop you. The police cannot just pull drivers over at random or stop someone who has not committed a violation. Common ways that police do spot drunk drives include:
- Erratic speeds
- Running red lights
- Swerving all over the road
- Watching you consume alcohol behind the wheel
- Driving on the wrong side of the road
Similarly, if the police pull you over because one of your tail lights was out, and then smell alcohol on your breath or in the car, they may probable cause to have you take a breathalyzer or field sobriety test, and subsequently arrest you.
Using an unlawful stop as a DUI defense
Even if you tested above the legal limit for alcohol and were arrested, you may not be out of options. While these cases can be difficult to contest, using an unlawful stop as a defense has proven successful in the past, if one can show that you did not commit any traffic violations.
Facing DUI charges in Ohio can be scary, but knowing that there are options for a defense may provide some relief.