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OVI Traffic Stops and Checkpoints in Warren, Trumbull County,Ohio
The Police Can Pull You Over
The police can’t just stop you without reason. They must follow specific standards to determine who and when to pull over, primarily based on reasonable suspicion. This means officers must base their decision on observable facts, such as a driver swerving or ignoring a traffic light or stop sign.
If your Warren criminal lawyer can prove that you were stopped without reasonable cause, your OVI charges may be dropped per the Ohio Revised Code.
OVI Checkpoints in Ohio
In Ohio, OVI checkpoints (also known as sobriety checkpoints or roadblocks) are legal. The court case State vs. Bauer provides the legal basis for these checkpoints.
While some argue that these checkpoints violate the rule of reasonable suspicion, courts have consistently ruled that keeping drunk drivers off the road is more crucial.
Requirements for Legal OVI Checkpoints
During these checkpoints, police officers pull over vehicles to check for intoxicated drivers. To be considered legal, a checkpoint must meet these four criteria:
- Advanced Warning: Was there enough warning, including lights at night?
- Neutral Policies: Were established policies in place to maintain neutrality and standard procedures?
- Safe and Visible: Was the checkpoint set up in a safe location and visible to approaching drivers?
- Presence of Law Enforcement: Were police cars and uniformed officers present at the checkpoint?
Officers at these checkpoints use a specific formula to decide which vehicles to stop, such as every vehicle or every third, fourth, or fifth one.
They can ask for your name and driver’s license and ask questions, although you’re not legally required to answer. The officer can only detain you longer if they have reasonable suspicion that you are intoxicated.
What To Do If the Cops Stop You
Always stop your vehicle safely where both you and the officer will be away from traffic. If possible, turn into a parking lot or side street. Otherwise, pull over onto the shoulder of the road. At night, turn on your dome light so the officer can see you as they approach. Turn off any audio and hold the steering wheel.
Required Information
You are legally required to provide:
- Your name
- Insurance information or card
- Your driver’s license
Interacting with the Officer
You do not have to answer other questions the officer might ask. If you choose to, be polite and brief. Alternatively, you can inform the officer that you prefer to answer questions only with a Warren criminal attorney present.
If you feel the officer is detaining you excessively, you can ask if you are free to leave. However, if they say no, do not attempt to drive off. Remain in the car unless instructed otherwise.
If asked to exit the vehicle, comply calmly and do so slowly.
Field Sobriety and Breath Tests
If the officer suspects you are intoxicated, they might ask you to perform field sobriety tests or take a breath test. You can refuse, but there are penalties, including the suspension of your driver’s license.
You always have the right to remain silent and refuse to perform tests. Even so, you may still be arrested if the officer believes you are intoxicated. Refusing to answer questions may limit the evidence available to the prosecutor, making their job more challenging. After any arrest, especially if you refused an OVI test, contact a Warren OVI lawyer immediately at (330) 992-3036.