Legal Question in DUI Law in Ohio

what justifies reasonable cause to be pulled over

i was pulled over after someone called and said that i had gone left of center. a county sheriff subsequently pulled me over and said i smelled like alcohol. he asked me to get out and administered an eye test. he then asked if i would do a few road tests, at which point i asked if i had to do them a second sheriff handcuffed me and placed me under arrest. once at the police station the arresting office allowed me to use the rest room before using the breathalizer, and i am sure he could not totally see me at this point. i registered a .18 on the machine and it had been at least 5 hours since my last beer. when i was released and sent home i only had one ticket for a dui, nothing else and it only says, cell phone call and alcohol on my breath. do i have a case against being pulled over and if they do does the fact that the sheriff could not totally see me before using the brathalizer give me any help either? lastly i was only 8 days from my first dui going off my record, do prosecuters ever take that into consideration?

thanks for any help i may receive

Asked on 8/02/03, 5:37 pm

2 Answers from Attorneys

Joseph Burke Law Office of Joseph T. Burke
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Re: what justifies reasonable cause to be pulled over

The standard for a traffic stop is a reasonable and articulable suspicion of criminal activity. This is a very broad standard and it may suffice that a third party called into to report you. I suggest filing a motion to suppress based on the stop to explore the officer's basis for stopping you.

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8/03/03, 1:32 pm
Timothy Hess T. Hess & Associates, LLC
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Re: what justifies reasonable cause to be pulled over

Probable cause can be found in almost anything.

A call that you were weaving is enough if the call gave your car/plate. After the eye test the sherriff probably had enough to arrest you for DUI. The fact that it had been five hours since your last beer does not say much other than you must have been realy loaded 5 hours ago.

The determining factor for your last DUI is not when it comes off your record but how long ago your conviction date was.

Lastly, the fact that the cop could not see you before your BAC test is irrelevant.

Get an attorney. You're going to need one.

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8/03/03, 3:49 am

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