Motion to Suppress in Warren

Any time a police officer pulls you over in Ohio, that stop has to be legal. If it isn’t, your lawyer may be able to use this as grounds to get the charges against you dismissed. A common first step is to question whether the police actually had the right to stop you in the first place for OVI charges in Ohio. If you were pulled over for a traffic violation, that stop counts as a seizure under both the 4th and 14th Amendments, as recognized in Ohio Case Law. This means the officer who stopped you had to meet the proper legal standards to do so.

Unlawful stops happen more often than you might think, and when they do, the person charged can sometimes have the case against them thrown out completely. The same could be true for you. If you’ve been charged in an Ohio OVI case that started with an unlawful stop, a skilled Warren OVI attorney can help you fight to have all of your charges dismissed. To get that kind of legal support, reach out to us at Youngstown Criminal Law Group.

Why Would the Vehicle Be Stopped?

Before an officer pulls a vehicle over, they need to be able to clearly explain a reasonable suspicion that some kind of unlawful activity is taking place. Whether that suspicion holds up is something only the court can decide, after weighing all of the circumstantial evidence involved.

So keep this in mind: a stop is only considered justified when the officer actually witnesses a traffic violation. If there’s no criminal suspicion or activity to point to, then pulling your vehicle over is considered illegal in Ohio. An experienced Warren criminal lawyer knows exactly how to examine whether that standard was met in your case.

How This Connects to Your Ohio OVI Case

This is why it’s so important to connect with a knowledgeable attorney who can analyze and assess exactly why the officer asked you to pull over. If, after looking closely, your lawyer spots an opening, they can file a Motion to Suppress that challenges the legality of the stop. Your attorney will also question whether the standardized field sobriety test was administered properly and in full compliance with the National Highway Safety Administration Manual. All of this helps determine whether the State has the grounds to order your arrest.

A determined Warren OVI attorney will press the police firmly to show that the officer didn’t actually witness anything unlawful when they stopped your vehicle, and that the decision came down to nothing more than a hunch. Ohio courts have made it clear that a hunch is not enough of a reason to stop a motor vehicle.

On top of that, your lawyer can also challenge the chemical test, whether it was a breath, blood, or urine sample, if it wasn’t carried out in full compliance with the Ohio Department of Health Guidelines or the Ohio Administrative Code Guidelines. A thorough Warren criminal lawyer leaves no detail unexamined.

Consult a Trusted Attorney Today

Youngstown Criminal Law Group is here to help you take on your case. We’ll listen carefully to your situation and explore every possible avenue to pursue it aggressively, working to get your charges dismissed or your penalties reduced as much as possible. To learn more, get your free consultation today by calling (330) 791-8104.