When it comes to traffic stops, law enforcement officials are bound by certain standards that determine whom they can pull over and when. One of the most significant factors is reasonable suspicion, which requires officers or troopers to base their decision on observable facts, such as erratic driving or disregarding traffic signals.
If your Wheeling WV criminal lawyer can successfully demonstrate that you were pulled over without reasonable cause, your OVI charges may be dismissed.
In West Virginia, sobriety checkpoints, also known as OVI checkpoints or roadblocks, are legal. The legal basis for these checkpoints in West Virginia stems from a court case called State vs. Bauer. Although some argue that these checkpoints violate the rule of reasonable suspicion, courts have consistently ruled that keeping drunk drivers off the road outweighs the importance of this rule.
During an OVI checkpoint, law enforcement officers stop vehicles to assess the drivers for signs of intoxication. For a checkpoint to be considered legal in West Virginia, it must meet four specific criteria:
The officers at the checkpoint should employ a systematic approach to determine which vehicles to stop, whether it is every vehicle or every third, fourth, or fifth one.
During the course of the stop, officers may request your name and driver’s license, and they may ask you questions. However, it’s important to note that you are not legally obliged to respond. Beyond this, an officer can only prolong the stop if they have reasonable suspicion of intoxication.
If you find yourself being stopped by the police, it’s important to prioritize safety for both you and the officer. Pull over in a location that ensures minimal traffic interference, such as a parking lot or side street. At night, remember to turn on your dome light, allowing the approaching officer to see you clearly. Before they arrive, switch off any audio distractions and firmly hold the steering wheel.
Legally, you are required to provide certain information to the officer, including your name, insurance details, and driver’s license. However, keep in mind that you have the right to remain silent and only answer questions regarding these specific obligations. Should you choose to speak, be polite and concise. Alternatively, you can politely inform the officer that you prefer to wait for your Wheeling WV criminal attorney’s presence before responding.
If you feel that you’re being unnecessarily detained, you have the option to inquire about leaving. However, refrain from making any sudden movements or attempting to drive away unless instructed by the officer. Stay inside your vehicle unless specifically requested otherwise.
If asked to step out of your vehicle, comply calmly and proceed slowly. In the event that the officer suspects intoxication, they may request field sobriety tests or a breath test. While you have the right to refuse, be aware that there can be penalties associated with doing so, including potential driver’s license suspension.
Remember, you always have the right to remain silent and decline field sobriety or chemical tests. However, it’s important to recognize that refusing to answer questions may impact the prosecution’s evidence against you, making their case more difficult. If you find yourself arrested, especially after refusing testing for an OVI, it’s advisable to seek legal representation from a Wheeling WV OVI lawyer.