Legal Question in DUI Law in Ohio

Unlawful Arrest and Admissibility of Subsequent Evidence

In June my daughter was stopped for an alledged minor traffic violation by an officer patrolling OUTSIDE OF HIS LEGAL JURISDICTION.

Subsequently, he arrested her for suspicion of DUI because he claimed that he smelled alcohol on her breath. He took her to the police department that DID HAVE LEGAL JURISDICTION where she blew positive (0.14) on the breathalyzer.

Her attorney filed a petition with the municipal court to dismiss the case as an UNLAWFUL TRAFFIC STOP because the officer observed the alledged traffic violation OUTSIDE OF HIS LEGAL JURISDICTION.

The municipal court granted the petition, dismissed the case, and ordered the prosecutor to return her driver's license and release her car from impoundment.

Two weeks later the judge had a change of heart and ordered my daughter's license administratively re-suspended for one year because she had blown positive on the breathalyzer.

My questions are these:

(1) Since she was UNLAWFULLY STOPPED to begin with, isn't any subsequent evidence gathered thereafter (i.e. the positive breathalyzer test) inadmissible and unusable even for a later administrative court action?

(2) If the evidence is admissible administratively what ORC statute permits it?


Asked on 11/28/01, 12:11 pm

1 Answer from Attorneys
Gregg Manes Gregg A. Manes, Esq.

Re: Unlawful Arrest and Admissibility of Subsequent Evidence

First of all the license suspension is treated as a civil matter, not criminal. The Administrative license suspension can be appealed and at the very least she can get occupational driving priveliges.

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Answered on 12/08/01, 10:38 pm


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