I offer this common-sense guide to helping you find the right OVI attorney because I believe that with a good game plan and realistic expectations you can win your case. Since the inception of my practice I have provided the accused drunk driver with access to information about Ohio’s toughdrunk driving laws. I believe that information is the key to overcoming fear and empowering you to make good decisions. Don’t be afraid to ask tough questions and demand [Read the full post. . .]
The Walk & Turn test is a divided attention test that is used as part of the three-test battery of field sobriety tests. The officer will observe your performance on this test, looking for eight (8) clues of impairment. You will be deemed to have failed the test if you present just two (2) of the eight (8) clues. According to NHTSA, the Walk & Turn [Read the full post. . .]
What Level of Proof Does Law Enforcement Need to Pull You From Your Car For Standardized Field 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 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; [Read the full post. . .]
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, [Read the full post. . .]
WHEN ARE THE STANDARDIZED FIELD TESTS VALID?
The standardized field sobriety tests, as set forth in the National Highway Traffic Safety Administration Student Manual (Feb. 2006 ed.), are described in Session VIII. The NHTSA manual provides the standards upon which every law enforcement officer is trained. One important piece of information about standardization is included in the manual which may help the DUI practitioner provide context to a jury.
Perhaps the most important statement about standardization can be found at [Read the full post. . .]