The only way an officer will care about how you exit the vehicle is if he has already determined you may be impaired by alcohol or a drug of abuse. NHTSA IV-6. Therefore, to avoid the appearance that you are impaired, exit the car in an orderly fashion as instructed by the officer. From that point you can decide if it is in your interests to participate in the standardized field sobriety tests. Why would you?
Category Archives: Illegal Police Stops
Sometimes having an experienced OVI attorney can make all of the difference. Breath testing equipment assumes that ALL people have an expired breath temperature of a constant 34 degrees centigrade and a constant body temperature of 37 degrees centigrade. So, what happens if these assumptions are just a little off? The BAC will register 8.62%…Read more
Have we reached a point where the mere presence of alcohol on the breath is enough to place a person under arrest? We ask this question because the "odor of an alcoholic beverage" is the first and most relied upon clue an officer notes in his or her report. Not only does it determine that…Read more
The Alcohol Influence Report is a document prepared by the arresting officer noting each and every indicator for alcohol impairment that they took note of in their investigation. Most of the forms require that the officer simply check the predetermined indicator. Not surprisingly, all the officer's observations fall neatly into these predetermined areas. The report…Read more
A warrantless arrest must be supported by probable cause in order to be constitutionally valid. State v. Timson, 38 Ohio St.2d 122, 67 Ohio Op.2d 140, 311 N.E.2d 16 (1974). In order to make a finding that probable (more likely than not) cause existed the court must look at the totality of the circumstances surrounding…Read more