OVI Traffic Stops and Checkpoints in Jefferson, Ohio

When Can the Police Pull You Over?

Police officers aren’t allowed to stop you for no reason. They have to follow certain rules when deciding who to pull over and when. The most important of these rules is something called reasonable suspicion. This means the officer or state trooper has to base their decision on facts they can actually observe—like a driver weaving across lanes, running a red light, or rolling through a stop sign.

If your attorney can show that the police stopped you without a valid reason, your OVI charges can be thrown out entirely. This is one of the first things a skilled Jefferson Ohio OVI attorney will examine when reviewing your case, because an illegal stop can change everything.

What Are OVI Checkpoints in Ohio?

In Ohio, OVI checkpoints go by a few different names—you might hear them called sobriety checkpoints or roadblocks. These checkpoints aren’t allowed in every state, but they are legal here in Ohio. Their legal foundation comes from a court case known as State vs. Bauer, which established the rules that checkpoints must follow.

Some people argue that these checkpoints break the reasonable suspicion rule, since drivers are stopped without any sign of wrongdoing. However, courts have ruled time and again that keeping intoxicated drivers off the road matters more than that particular rule. If you’ve been stopped at one of these checkpoints, a knowledgeable Jefferson Ohio criminal lawyer can help you understand your rights.

During a checkpoint, officers stop vehicles to check whether the drivers have been drinking. For a checkpoint to be considered legal, it must pass four specific tests:

• Did it provide enough advance warning, including lights at night?
• Did it follow policies set in advance to ensure neutrality and consistent procedures?
• Was it located in a safe spot and clearly visible to drivers approaching it?
• Were there marked police cars and uniformed officers present at the checkpoint?

The officers running the checkpoint also need to follow a set formula for deciding which vehicles to stop. They might stop every car, or perhaps every third, fourth, or fifth one—but the choice can’t be random.

Officers are allowed to ask for your name and your driver’s license. They can ask you questions, too, though you don’t have to answer them. Beyond that, an officer can only hold you longer if they have reasonable suspicion that you’re intoxicated. If you feel your rights were violated, contacting a Jefferson Ohio OVI attorney right away is your best move.

What Should I Do if the Police Stop Me?

Always pull over, and choose a spot where both you and the officer will be safe from passing traffic. If you can, turn into a parking lot or onto a side street. If that’s not possible, pull as far onto the shoulder of the road as you safely can. At night, switch on your dome light so the officer can see clearly as they walk up to your car. Turn off your radio or any other audio, and keep your hands on the steering wheel.

By law, you must give the officer your name, your insurance information or card, and your driver’s license. These are the only things you’re required to provide.

Keep in mind that you don’t have to answer any other questions the officer asks. You can choose to answer if you want to—just be polite and keep your responses short. You also have the right to tell the officer that you won’t say anything more until your lawyer is present. A trusted Jefferson Ohio criminal lawyer can guide you through what to say and what to leave out.

If you think the officer is keeping you longer than necessary, you can ask whether you’re free to go. But if the officer says no, don’t try to drive away. Always stay inside your vehicle unless the officer asks you to step out.

If you are asked to get out of your car, you have to do so. Stay calm and exit slowly.

If the officer suspects you might be intoxicated, they may ask you to perform field sobriety tests or take a breath test. You’re allowed to refuse, but there are consequences for doing so. One of these is losing your driver’s license to a suspension.

You always have the right to stay silent, and you can decline both field sobriety tests and chemical tests. Even so, you may still be arrested if the officer believes you’re intoxicated or impaired. Refusing to answer questions can leave the prosecutor with less evidence against you, which makes their job harder. After any arrest—especially one where you’ve refused testing for an OVI—reach out to a dependable Jefferson Ohio OVI attorney as soon as you can.

The Youngstown Criminal Law Group is ready to help if you’ve been stopped, questioned, or arrested. Call us today at (330) 791-8104 to discuss your case and protect your rights.