Home Check points Do I have to do field sobriety tests in Ohio?

Do I have to do field sobriety tests in Ohio?

Cleveland Ward 2 Councilman Zack Reed has been released following an arrest in Cleveland early Tuesday morning on suspicion of driving while intoxicated.According to police, Reed has been charged with OVI, non-working light, turning position and change of course.Reed was held in the Cleveland City Jail until midday and then was released on bond. Reed’s bond was set at 10 percent of $2500. He posted $295 and was released.A court appearance is scheduled for Wednesday.A police statement says Councilman Zach Reed was arrested in downtown Cleveland about 2:30 a.m. Tuesday after running a red light and making an improper turn. Police say he failed a sobriety test.
Generally, the police officer will then ask you to step out of the car. This is a key part of your case. Ask the officer “am I under arrest?” If yes, then get out and shut up. If no, tell the officer you would like to remain in your car since you aren’t under arrest. CAUTION: This is likely to upset the officer. Make sure you say this in a calm voice with both hands where the police officer can see them. They will likely ask again. At this point, I would repeat your answer. If they begin to threaten you or continue arguing, I would get out of the car and inform the officer that you don’t intend to answer any questions.Hastie Law Firm Insert

Did you know that you don’t have to submit to a field sobriety test? That in fact if you refuse you be making it harder for the state I to gather more evidence. Generally I do not advise a client to submit to field testing. First, you probably aren’t going to pass. These tests are subjective and interpreted by the officer. They are looking for more than just whether you can keep yourself vertical for 30 seconds. Many clients think they have passed when in fact they haven’t. You’ve been drinking and these tests aren’t as easy to pass as your buddies tell you. There is no penalty for not taking the field tests. Unlike refusing a breath test, you won’t lose your license if you refuse field testing. Additionally, refusing gives the police less evidence to substantiate an OVI charge. If they arrest you anyway, you have a much better chance of beating the charge or getting an acceptable plea offer.

Hope you find this information helpful, you would think Councilman Reed would have been hip to this information after his second OVI. We will be making regualr posts up till St. Patty’s Day.

Cheers

Taubman Law

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I write the Ohio OVI Blog. I prefer to keep my name off the posts. All questions you ask on the site are forwarded to the email of Mr. Brian Taubman, esquire.

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