Motion to Suppress in Warren, Trumbull County, OH
When stopped by a police officer in Ohio, the stop should adhere to legal standards. Otherwise, your Warren OVI lawyer can use this as grounds for dismissing the charges. A Warren criminal lawyer often questions whether the police had the right to stop someone in Warren for OVI (Operating a Vehicle Impaired) charges in Ohio. If you’re stopped for a traffic violation, under the 4th and 14th Amendments, it is considered a “seizure” according to Ohio Case Law. Therefore, the police officer must meet the correct legal criteria when stopping you.
Often, unlawful stops lead to the complete dismissal of charges against the offender. This could happen to you as well. If you have been charged with an Ohio OVI case due to an unlawful stop, the Warren OVI lawyer can help get all charges dismissed. For this legal assistance, contact us at Youngstown Criminal Law Group.
Why Will the Vehicle Be Stopped?
When an officer stops a vehicle, they should be able to articulate reasonable suspicion of unlawful activities in the vehicle. This standard will be judged by the court, considering all circumstantial evidence.
Keep in mind that if the officer witnesses a traffic violation, only then is the stop deemed justified. If there is no criminal suspicion or activity, stopping your vehicle will be considered illegal under the Ohio Revised Code.
Relevance With Ohio OVI Case
You need to connect with a Warren criminal lawyer to analyze and assess why the officer asked you to pull over. If the Warren OVI lawyer finds any window of opportunity, a Motion to Suppress can be filed, questioning the legality of the stop. The Warren criminal lawyer will also question the legality of the standardized field sobriety test and whether it was administered in compliance with the National Highway Traffic Safety Administration (NHTSA) Manual. This will determine if the State can order your arrest.
The Warren OVI lawyer will rigorously interrogate the police to establish that the officer did not observe any unlawful activity while stopping your vehicle and that the decision was entirely based on a hunch. The Ohio Court does not consider a hunch to be adequate justification for stopping a motor vehicle.
Additionally, the Warren criminal lawyer can challenge chemical tests, such as breath, blood, or urine tests, if they were not conducted in full compliance with Ohio Department of Health Guidelines or Ohio Administrative Code Guidelines.
Consult Warren OVI Lawyer
The Youngstown Criminal Law Group is here to help you with your case. Our Warren OVI lawyer will listen to your situation, pursue it aggressively, and help you get your charges dismissed or penalties reduced to a minimum. For more details, get a free consultation today at (330) 992-3036.