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reasonable articulable suspicion Tag

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

Washington Court House (Fayette County) OVI Checkpoint Tonight, August 27, 2011

Drive Sober or Get Pulled Over Is Coming To Washington Court House There will be an OVI checkpoint in Washington Court House, from 10 p.m. Saturday until 3 a.m. Sunday. The checkpoint will be at the intersection of Columbus Avenue and Olive Street.  Police from all over Fayette County, the Ohio State Highway Patrol and officials from the Ohio Department of Transportation ODOT are manning the checkpoint.  You can also expect that additional officers will be on "saturation patrols" looking for impaired drivers.  As always, we encourage you not to drink and drive.  If you find yourself in need of help, please contact Ohio...

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Reasonable Articulable Suspicion & Illegal Police Stops

Protecting You From Illegal Police Stops! The Fourth Amendment of the United States Constitution protects you against unreasonable searches and seizures, which  includes being unlawfully or illegally pulled over or stopped by law enforcement.  An officer cannot simply pull you over based on a hunch or intuition.  When a police officer observes a traffic violation, he or she is justified in initiating a limited stop for the purpose of issuing a citation.  State v. Brickman (2001), 11th Dist. No. 2000-P-oo58, 2001 Ohio App. LEXIS 2575.  The legal standard applied to traffic stops is reasonable and articulable suspicion, which means that the...

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Montgomery County OVI Checkpoint (4/21/12)

The Montgomery County OVI Task Force announced a checkpoint tonight in Clay Township along St. Rt. 49.  No time has been announced as of the writing of this blog post.  The checkpoint is being conducted by multiple agencies and is being coordinated by the Montgomery County DUI Task Force.  Be smart. Be responsible. Designate a sober driver. DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in Dayton, Springfield, Kettering, Vandalia, Xenia,Miamisburg, Springboro, Huber Heights, Oakwood, Beavercreek, Centerville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone...

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Driving Too Slow Not Sufficient for a Stop!

Image via WikipediaIn 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...

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Dayton OVI Sobriety Checkpoint Update: July 17, 2010

I have checked with all of our regular sources and there appears to be no sobriety checkpoints scheduled tonight in the Miami Valley.  There will be two checkpoints tonight in Cincinnati.  The first will be from 9-11 pm, on North Bend Road.  The second OVI checkpoint will be from midnight until 2 am on Colerain near Blue Spruce.  The Clermont County checkpoint will be on Rt. 52 near mile marker 7 (in Neville) from 4-8pm.  The underlying theory of OVI checkpoints is not to arrest drunk drivers but to instill fear of arrest in the law-abiding public.  By advertising these...

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Ohio DUI Law; State v. Craze (Reasonable Articulable Suspicion)

State v. Craze, 2010-Ohio-812, 09 COA 017 (OHCA5) This case is from the Ashland Municipal Court and raises the issue of what constitutes reasonable and articulable suspicion for a traffic stop.  On March 1, 2009, at approximately 2:06 a.m., Trooper Penny Beaty of the Ohio State Highway Patrol was performing traffic duty on Claremont Street in Ashland, Ohio when Appellant's vehicle passed her traveling on the same road. Trooper Beaty followed Appellant's vehicle onto West Main Street. While following the vehicle Trooper Beaty observed the vehicle's registration sticker on the rear license plate was blocked from view. Trooper Beaty then initiated...

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Ohio DUI Law: Geneva v. Fende (reasonable articulable suspicion, probable cause)

Geneva v. Fende, 2009-Ohio-6380, 2009-A-0023 (OHCA11)Criminal Appeal from the Ashtabula County Court, Western Division, Case No. 2008 TRC 2112. Lauren A. Gardner, City of Geneva Law Director, For Plaintiff-Appellant. Daniel J. Kolick and Michael T. Schroth, Kolick & Kondzer, For Defendant-Appellee. OPINIONCYNTHIA WESTCOTT RICE, J.{¶1} Appellant, the city of Geneva, appeals the judgment of the Ashtabula County Court, Western Division, granting appellee Nicole M.Fende's motion to suppress. At issue is whether police had reasonable suspicion to subject her to an investigative stop. Because we hold appellee's stop was not warranted, we affirm.{¶2} Appellee was charged in the trial court with operating a motor...

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Cincinnati DUI Checkpoint Set

Image via WikipediaThe Ohio State Highway Patrol along with units of the Cincinnati Police Department and the Hamilton County OVI Task Force, will conduct a DUI checkpoint Saturday night on Reading Road in Cincinnati.  The random stops will be made on Reading Road just north of Stony Brook Drive in Roselawn from 11 p.m. to 3 a.m.  You should also watch out for saturation patrols and units which "chase" you should you turn to avoid the checkpoint.  Share the details of your stop with your Ohio DUI attorney.  Contact Charles M. Rowland II at 937-879-9542 or 1-888-769-5263 for a free...

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Challenging the Breath Test (Part I)

[caption id="" align="alignright" width="180" caption="Image via Wikipedia"][/caption]Ohio classifies DUI in two ways.  The first offense 4511.19(A)(1)(a) is the old fashion notion that you are "under the influence" of alcohol or drugs.  This definition is subject to expansion by the prosecution and is scrupulously narrowed by the defense.  Other portions of the statute deal with "per se" violations, known as breath test cases (blowing over the limit).  These two types of cases are very different and will be analyzed differently by competent DUI counsel.Ohio has judicially recognized rules and procedures to ensure the...

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