Motion to Suppress in Youngstown

When a police officer stops you in Ohio, the action must be lawful; otherwise, your legal counsel may use this failure as grounds to have the charges against you dismissed. It is common for defense counsel to question whether law enforcement actually had the right to initiate the stop for OVI charges. If you are pulled over for a traffic violation, this is considered a seizure of the person under the 4th and 14th Amendments of the U.S. Constitution and Ohio Case Law. Therefore, the police officer must meet strict legal standards when deciding to stop your vehicle.

Frequently, offenders benefit from a complete dismissal of charges due to unlawful stops. This outcome is possible for your case as well. If you have been charged with an OVI in Mahoning County following a questionable stop, a Youngstown DUI attorney can assist you in seeking a dismissal. For dedicated legal assistance, you need to reach out to us at the Youngstown Criminal Law Group.

Why the Vehicle Will Be Stopped?

When an officer decides to stop a vehicle, they must be able to articulate a reasonable suspicion of unlawful activity within that vehicle. This standard is judged by the court based on the “totality of the circumstances.”

Consequently, you must understand that a stop is only deemed justified if the officer witnesses a specific traffic violation. If there is no criminal suspicion or visible illegal activity, stopping your vehicle is considered illegal under Ohio law.

Relevance With Ohio OVI Case

It is essential to connect with a legal professional so they can analyze and assess exactly why the officer asked you to pull over. If this analysis reveals a legal opening, a Youngstown criminal lawyer can file a Motion to Suppress, which questions the legality of the stop. Your counsel will also question the legality of the standardized field sobriety test to determine if it was administered in full compliance with the National Highway Traffic Safety Administration Manual. This assessment determines if the State has sufficient grounds to order your arrest.

Your lawyer will aggressively cross-examine the police to establish that the officer did not observe anything unlawful prior to stopping your vehicle and that the decision was based entirely on a hunch. The Ohio Court does not consider a mere hunch to be sufficient justification for stopping a motor vehicle.

Additionally, a skilled lawyer can challenge the results of chemical tests—whether breath, blood, or urine—if they have not been conducted in strict compliance with the Ohio Department of Health Guidelines or the Ohio Administrative Code Guidelines.

Consult a Youngstown Criminal Lawyer

The Youngstown Criminal Law Group is here to help you navigate your case. Our experienced Youngstown DUI attorney will listen to the details of your situation and identify every possible avenue to pursue your defense aggressively. Our goal is to help you get your charges dismissed or your penalties reduced to the absolute minimum. For more details call us at 412.387.6901 to get a free consultation today.