Ohio  |  DUI Law

Legal Question

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

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

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