Driving Too Slow Not Sufficient for a Stop!
In State v. Bacher, 170 Ohio App.3d 457, 867 N.E.2d 864 (2007), an officer pulled over a suspect because he was driving 23 miles per hour below the posted speed limit of 65 miles per hour. Upon speaking to the driver, the officer noticed a strong odor of alcoholic beverage, pulled him from the car and subsequently arrested him for OVI. The trial court reasoned that the stop was an “investigative stop” and overruled the defendant’s motion to dismiss.
Upon appeal, the appellate court reversed the ruling of the trial court, holding that a stop is permissible under the Fourth Amendment only if supported by reasonable suspicion. In attempting to define what “reasonable suspicion” is the court held that it is something less than probable cause, but more than an “inchoate and unparticularized suspicion or hunch.” Since Ohio’s slow speed statute says that a slow-moving vehicle cannot “impede or block the norma and reasonable movement of traffic,” there existed no evidence upon which to base the stop. The court also struck down the State’s community-caretaker argument.
When I say “All I do is DUI,” I mean it. I look for every way to fight your OVI case which includes staying on top of cases which may impact your case. If you need and experienced and credentialed Ohio OVI lawyer, contact me today at 937-318-1DUI (318-1384).