Ohio OVI Law: Fellow Officer Rule (State v. Townsley)
Here’s another reason never to go to a garage sale! State v. Townsley, 2010-Ohio-3350, 5th District Court of Appeals
July 19, 2010: A retired cop and his wife were having a yard sale when they noticed the Defendant stumbling around and reeking of alcohol. When the Defendant got into his car and drove away, the retired officer called 911 to report the scofflaw. Approximately twenty minutes the Defendant is stopped on suspicion of drunk driving. The trial court denied the subsequent Motion to Suppress finding that the “Fellow Officer” rule applied in justifying the stop.
On Appeal, the Fifth District Court of Appeals held that the trial court committed error in relying ont he fellow officer rule, but found that the stop was justified based on “observations as an identified citizen informant were highly reliable and sufficient to justify the stop.”
If you need an attorney in a DUI/OVI matter contact Charles M. Rowland at www.DaytonDUI.com or by calling 937-318-1DUI (318-1384) or 1-888-ROWLAND (888-769-5263). Charles Rowland handles OVI cases in the Miami Valley and throughout Ohio.
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