a

Facebook

Twitter

Copyright 2019 Dayton DUI.
All Rights Reserved.

9:00 - 17:00

Our Opening Hours Mon. - Fri.

Facebook

Twitter

Search
OVI Menu
 

articulable suspicion Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "articulable suspicion"

Stop & Sniff Case Law Update (by DaytonDUI)

In Kirtland Hills v. Medancic, 2012-Ohio-4333, a recent case out of the Eleventh District Court of Appeals, the Court reaffirmed the principle that just because a police officer smells alcohol on a driver does not mean that the police officer has reasonable and articulable suspicion to continue the detention of the driver and/or remove that driver to administer standardized field sobriety tests.  One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conductstandardized field sobriety testing. The officer is trained to arrive at this “decision point” by conducting an interview and...

Continue reading

Reasonable & Articulable Suspicion

One of the major decision points in the OVI arrest process is the officer’s decision to remove a suspect from his or her car and conduct standardized field sobriety testing.  The officer is trained to arrive at this “decision point” by conducting an interview and using specific “pre-exit interview techniques” which include asking for two things simultaneously; asking interrupting or distracting questions; and asking unusual questions. (NHTSA Student Manual VI-4).  Additional techniques which an officer may employ include and Alphabet test (begin with E and end with P); a Countdown test (count out loud backward starting with 68 and ending...

Continue reading

Ohio DUI Law: Random Plate Checks

A driver has no reasonable expectation of privacy in a license plate number since it must be openly displayed under O.R.C. 4503.21.  In State v. Bates, 1987 WL 15817 (Ohio Ct. App. 9th Dist. Medina County) (1987), the 9th District Court of Appeals held that information obtained by an officer who "runs your license plate" may provide reasonable suspicion" to justify a traffic stop.  See also, Rocky River v. Saleh, 139 Ohio App.3d 313, 743 N. E. 2d 944 (8th Dist. Cuyahoga County 2000).  The Bates Court held that although a random vehicle stop without  reasonable suspicion of criminal...

Continue reading