Be cool, it's the cops!

Reviewing some OVI videos today, and it pains me to see people doing things which are going to come back and hurt their case in court. There is no requirement that you perform the Field Sobriety Tests the officer asks you to do. Most people do not understand the rules that govern these tests, and are not aware of what constitutes a "clue" of impairment. Don't say "I couldn't do this even if I was sober" it is a game where the deck is stacked against you and it is OK to say you don't feel comfortable doing tests until you talk to a lawyer. You do have to exit your vehicle if asked to do so by an officer, but you don't have to answer questions about where you are going or coming from. If you were stopped for speeding, etc., what difference does it make where you are going? I am not encouraging you to be anything except polite and respectful, but understand that you have the right to refuse field sobriety tests.

The question of whether or not to take a breath test is a thornier issue. If you have a prior OVI conviction within 20 years, refusing to take a breath test can constitute a separate criminal act that serves to enhance the penalties you face if you are convicted of O.V.I. Recently, the Ohio Supreme Court heard a case that challenged the constitutionality of this statute because it was essentially punishing citizens for exercising their fundamental right to refuse consent to a search of their person/breath. The case is State v. Hoover, and in it the Supreme Court ruled that the statute is constitutional. So, in that instance refusing the breath test can result in an enhancement of your sentence if you are convicted of O.V.I. Providing a breath test, however, is giving the state evidence to use against you. It is a difficult decision, and one where timely legal advice is crucial. That is why it is a good idea to have 614-224-6142, our office number, programmed into your phone. The highway patrol post is not where you want to be scrambling to find a number. The Ohio Revised Code has a provision that establishes your right to talk to an attorney if you have been detained by the police. R.C. 2935.20 sets out the guidelines for your right to talk to counsel. If you call Yavitch & Palmer, you will have a live attorney to talk to at any hour of the day or night.

No one plans to be in that situation, but it can happen when you least expect it. Take a cue from the Boy Scouts and "Be Prepared"