Case Dismissal and Subsequent Admission of Evidence
My daughter was stopped by Wright State University police outside their jurisdiction and was subsequently administered a Breathalyzer test at the Fairborn Police Department. She blew over the limit. Her attorney made a motion to the Fairborn Municipal Court for dismissal because of an illegal stop by Wright State Police. The motion was granted. Her license was returned to her. However, two weeks later the Municipal Court judge decided that because she blew over that her license would be suspended for one year anyway. Was this a lawful ruling under either the ORC or Ohio Court Rules?
I was always taught that any evidence gathered following an unlawful arrest was inadmissible for any purpose.
If your answer supports my understanding we will retain your firm to get her license back if this is what you recommend. Thank you.
2 Answers from Attorneys
Re: Case Dismissal and Subsequent Admission of Evidence
You are right. Are you sure she hasn't lost her license for refusing the test? That would result in a one year suspension.
Re: Case Dismissal and Subsequent Admission of Evidence
Evidence obtained as a result of an unconstitutional arrest is inadmissible but only in subsequent criminal proceedings. If I understand the facts correctly, the issue in your daughter's case is whether the administrative license suspension should be set aside based upon the circumstances of the arrest. Under Revised Code 4511.191(H), if a judge determines that the law enforsement officer did not have reasonable ground to believe the arrested person was operating a vehicle while under the influence of alcohol, then the suspension must be set aside.
So that's the question. Without knowing more facts, I'm not sure what the answer is.
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