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Why to Question the Validity of a Traffic Stop

Zachary Meranda | October 4, 2010

As a driver, chances are that at some point during your time on the road, you will be stopped by a police officer and possibly even issued a ticket for a violation. Regardless of how many times you’ve been pulled over, the process never seems to become less unnerving.

If you’re lucky, then you may get away with a warning or even issued a ticket and minor fine for whatever error the officer says you made, but things can certainly begin to take a turn for the worse if the police officer starts asking how much you’ve had to drink that day because he suspects that you are driving under the influence.

After the ordeal is over and you’ve participated in a field sobriety test, taken a breathalyzer test, or given a blood sample, it is in your best interest to contact a lawyer. As a DUI attorney in Columbus, Ohio, Zachary Meranda of the Meranda Law Firm says that very few defendants in DUI cases understand how important that initial stop made by the police officer is. However, he says, it is possible for an entire case to be deemed dismissible by only taking into consideration the reason why you were pulled over.

When defending a client in a DUI case, Meranda says the first thing that needs to be deliberated is the validity of the initial stop. If the officer did not have any real reason for pulling you over, then all of the other claims and evidence may be discharged in court. For instance, he continues, if the officer who arrested you says that you were pulled over because you were speeding or swerving on the road, then those claims can certainly be challenged. Sometimes, minimal swerving can be explained away. Other times, Meranda says, the dash-cams that are mounted to police cars can be used as evidence to prove that your driving should not have raised any suspicions.

In Ohio, he explains, state troopers all have dash-cams in their cars and some local police cars have started to use them as well. Using video footage, the court can see whether a driver actually committed the offense the officer is said to have witnessed. It might be blatant that the individual in question was swerving all over the road, or it might also show that there was no swerving at all.

DUI cases often become much more than a question of whether or not you were drinking before getting behind the wheel, because in order to legally convict you of the crime, police officers must follow a strict set of guidelines for proving their case. While it is unlikely that you will be successful in a courtroom on your own, DUI attorneys are well-versed on this area of law and are readily available to represent you in your case.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Neither publication of this article nor your receipt of this article create an attorney-client relationship.

About Zachary Meranda

At the Meranda Law Firm, attorney Zachary Meranda says that his clients are his only priority. Being trusted with your case and your future is an important responsibility that Meranda says he never takes lightly. As an experienced DUI attorney in the Columbus area, he knows all of the necessary laws that must be followed by the officer and will do everything in his power to ensure that your case receives the best possible outcome for your situation.

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