Motion to Suppress in New Castle

When a police officer stops you in Ohio, the stop must be legally justified. If it is not, a lawyer may be able to have the charges against you dismissed. It is common for legal professionals to question the police about their authority to conduct a stop, particularly in cases involving DUI charges in Ohio. According to Ohio Case Law, being stopped for a traffic violation is considered a “seizure” under the 4th and 14th Amendments. This means the police officer must adhere to specific legal standards when they decide to pull you over.

An unlawful stop can sometimes lead to the complete dismissal of all charges against an individual. This could be the outcome in your situation as well. If you have been charged in an Ohio DUI case that began with an unlawful stop, a skilled lawyer can assist you. A New Castle criminal lawyer can help you work towards getting all charges dismissed. For this type of legal support, it’s crucial to seek professional assistance from a Youngstown Criminal Law Group.

Why Might a Vehicle Be Stopped?

When an officer stops a vehicle, they must be able to clearly state a reasonable suspicion of unlawful activity. This standard is judged by the court, which will consider all the circumstances surrounding the stop.

Therefore, it’s important to understand that a stop is generally considered justified only if the officer observes a traffic violation. If there is no suspicion of criminal activity, stopping your vehicle may be deemed illegal in Ohio.

Relevance to an Ohio DUI Case

It is essential to connect with a New Castle DUI lawyer to analyze and assess the reasons why the officer instructed you to pull over. If, after a thorough review, your lawyer identifies a potential issue with the stop, they can file a Motion to Suppress, which challenges the legality of the police action. The lawyer will also investigate the legality of the standardized field sobriety tests and whether they were administered in full compliance with the National Highway Safety Administration Manual. This examination will help determine if the State has sufficient grounds for your arrest.

Your legal counsel will aggressively question the police officer to establish if the stop was based on a hunch rather than an observation of unlawful activity. Ohio courts do not consider a mere hunch as a justifiable reason to stop a motor vehicle. A skilled New Castle criminal lawyer will work to prove this in court.

Furthermore, a lawyer can also challenge chemical tests— be it breath, blood, or urine—that were not conducted in complete compliance with the Ohio Department of Health Guidelines or the Ohio Administrative Core Guidelines. Your New Castle DUI lawyer will scrutinize every detail.

Consult a Lawyer

The Youngstown Criminal Law Group is here to help you handle your case. Our lawyers will listen to your situation, identify every possible avenue to pursue your case aggressively, and work to get your charges dismissed or your penalties reduced to a minimum. For more information and to discuss the specifics of your case, schedule a free consultation today. Call New Castle DUI lawyer at (330) 992-3036.