First Offense OVI/DUI

[sadmickey]

My question involves criminal law for the state of: OHIO

Recently charged with 1st OVI/DUI offense. The officer also charged me for "failing to stay in marked lanes". However, the officer NEVER pulled me over. He must have seen me on when I turned onto a local road. I was on a 35 mph road for 1/2 mile, and had to make a sharp right turn into my driveway, which is all gravel and uneven. I drove to the end of my driveway, turned off my engine, locked the door, stepped out of my vehicle and only then did I see a police car at the road with its lights on. Shortly after that, I saw the officer approaching me on the driveway and he asked what I was doing there. I guess that's when he noticed that I was not stone cold sober.

Is this a proper police stop? If he had reasonable suspicion, he had about a half of a mile to stop me on the road, but chose not to. Is this a big hole in the prosecution's case? What are the chances that I will get a reduction based on this, that is, if it is truly an improper police stop. He never "stopped me!"

[Mr. Knowitall]

What would make it an improper stop? What makes you think that the officer can't wait until you stop by yourself, or can't investigate you after you do so?

[BOR]

Is this a proper police stop? If he had reasonable suspicion, he had about a half of a mile to stop me on the road, but chose not to. Is this a big hole in the prosecution's case? What are the chances that I will get a reduction based on this, that is, if it is truly an improper police stop. He never "stopped me!"

If he never stopped you, why are you asking if it was a proper police stop?

Stopping a motor vehicle is a seizure, no question. Since you were not pulled over, no seizure took place there.

Next we look at the approach of the officer after you exited the car.

If you were charged with a traffic violation, then he witnessed it. There is no case law that states an officer must pull you over contemporaneously. He can even cite you at a later time, as in Ohio there is a 6 month statute of limitations on a Minor Misdemeanor, which the lane violation charge probably is. That was sufficient cause to approach you, period, abesnt any other suspicious behavior, so the DUI is valid.