September 24, 2013 | Defenses

When an officer stops a vehicle for a traffic offense, he or she is allowed to detain the vehicle for a sufficient amount of time to investigate the reason for the initial stop. Generally speaking, the time is that to which it necessary to effectuate the stop, write a ticket,or give a warning.  This would include the time necessary to run a check on the vehicle and its driver.

Keep in mind the stop may continue longer if additional facts are discovered. This would include an odor of an alcoholic beverage, slurred speech, or watery eyes.  However, the Supreme Court of Ohio has held that it cannot be a “fishing expedition”.

So, if you have been stopped and charged for an OVI in Columbus, Ohio, your attorney should assess the stop in order to determine if the detainment was justified.  If there are no additional facts, other than those discovered with the initial stop, a motion to suppress evidence may be drafted and filed in order to challenge the case.