OVI Traffic Stops and Checkpoints in New Castle, Ohio

Police Traffic Stops

Police officers cannot stop a driver without a valid reason. They must follow certain standards to decide who and when to pull over. The most significant standard is “reasonable suspicion.” This means an officer’s decision to stop a vehicle must be based on observable facts, like a driver swerving, running a red light, or failing to stop at a stop sign.

If your New Castle DUI lawyer can demonstrate that you were stopped illegally—that is, without the officer having reasonable cause— your OVI charges will be dismissed.

OVI Checkpoints in Ohio

In Ohio, OVI checkpoints are also known as sobriety checkpoints or roadblocks. While these are not permitted in every state, they are legal in Ohio. The legal basis for Ohio’s OVI checkpoints comes from a court case known as State v. Bauer.

A common argument against these checkpoints is that they seem to violate the rule of reasonable suspicion, as officers stop cars without observing any specific driving infractions. However, courts have consistently ruled that the public interest in removing intoxicated drivers from the road outweighs this rule. A knowledgeable New Castle criminal lawyer can explain the specific nuances of this legal precedent.

During a checkpoint, officers stop vehicles to check if drivers are under the influence of alcohol or drugs. For a checkpoint to be considered legal, it must satisfy four key criteria:

• Did it provide sufficient advance warning to drivers, including proper lighting at night?
• Did it follow pre-established, neutral policies to ensure standardized procedures were used?
• Was it located in a safe area, and was it clearly visible to approaching vehicles?
• Were there clearly marked police cars and uniformed officers present at the location?

The officers conducting the checkpoint must use a predetermined formula to decide which vehicles to stop. This could be every vehicle, or it might be every third, fourth, or fifth car. Officers can request your name and driver’s license. They can also ask you questions, but you are not legally obligated to answer them. Beyond this initial interaction, an officer can only detain you for a longer period if they develop a reasonable suspicion that you are intoxicated. This is a critical point that a New Castle DUI lawyer may focus on in your defense.

What Should I Do if I’m Stopped by Police?

Always pull over safely, choosing a spot away from traffic if possible. A side street or parking lot is ideal, but if not available, pull onto the shoulder as far as you can. If it’s dark, turn on your car’s interior dome light so the officer can see you as they approach. Turn off your radio and keep your hands on the steering wheel. A good New Castle criminal lawyer would advise you to remain calm and cooperative during this initial interaction.

You are required by law to provide the officer with your name, driver’s license, and proof of insurance.

Remember, you do not have to answer any other questions the officer asks. If you choose to speak, be polite and concise. You always have the right to state that you will not answer questions without your attorney present.

If you feel you are being detained for too long, you can ask if you are free to leave. However, if the officer says no, do not attempt to drive away. Always stay inside your vehicle unless the officer instructs you to get out. If you are asked to exit your vehicle, you must comply. Exit the car slowly and calmly. A qualified New Castle DUI lawyer from Youngstown Criminal Law Group can later review whether the stop was conducted properly.

If the officer suspects you are intoxicated, they may ask you to perform field sobriety tests or submit to a breath test. You have the right to refuse these tests, but doing so comes with penalties, including an automatic suspension of your driver’s license.

You always have the right to remain silent, and you can refuse to perform both field sobriety and chemical tests. Even if you refuse, you may still be arrested if the officer believes there is enough evidence that you are intoxicated or impaired. Refusing to answer questions can limit the evidence the prosecutor has against you, making their job more challenging. After any arrest, especially if you have refused OVI testing, it is crucial to contact a New Castle criminal lawyer immediately at (330) 992-3036.