Handling A Traffic Stop
If you are stopped after you have been drinking, you can reduce the risk of an OVI conviction if you remain calm and follow certain steps. When the officer approaches your vehicle, you should have your driver’s license, registration and proof of insurance in your hands, which should be placed in plain view on the steering wheel. This will prevent the officer from needing to worry about his safety and avoid a situation where you might look uncoordinated when you are trying to grab the documents.
The officer will attempt to engage you in a conversation, but you are not required to answer questions about your activities or whether you have been drinking. If you are asked these questions, you might simply respond that you are not comfortable answering any questions without legal advice. The officer’s questions serve two purposes. The officer is trying to elicit incriminating information and to observe you for signs of intoxication, such as slurred speech or the odor of alcohol on your breath. The less you say the better, but it is worth asking if you are free to leave because this will trigger constitutional rights that arise if you are “in custody.”
If you are facing a DUI or OVI charge in Cuyahoga, Lake or Geauga County Ohio, call DUI defense lawyer Joel A. Nash, We recognize that this is a stressful time. Mr. Nash will attempt to ease your concerns by carefully explaining the process, potential penalties and appropriate defense strategies. We offer a free consultation, so we can explain your rights and answer your questions, so call us at (216) 691-3000 or email us.