Southeast Ohio Law Blog

Everyone makes mistakes, but some end up reaching the level where law enforcement officers get involved. When that happens, you need to understand what type of charge you face and what the potential penalties are if convicted.

The first element you need to consider is the classification of the charges you face. Most people understand that misdemeanors are less serious than felonies, but that does not mean that lesser offenses do not deserve the same attention as more serious ones do.

If an Ohio police officer pulls you over, he or she is supposed to have a reason for doing so. Many times, such situations involve a patrol officer with a radar gun who might claim to have clocked you traveling several miles per hour over the posted speed limit. If that's the case, you may wind up having to decide whether to pay a traffic ticket or fight it in court.  

If, however, the officer in question claims that your car was veering over the yellow line or that he or she witnessed you driving erratically, you may have a much bigger problem on your hands. It's not uncommon for a traffic stop of this nature to turn into a roadside investigation where the police officer is trying to determine if he or she has probable cause to arrest you for drunk driving.  

Ohio's medical marijuana program finally got off the ground, and many patients may already see the benefits of its use. Hopefully, more individuals suffering from certain conditions will receive the right to try this type of treatment to find relief.

However, just because an individual obtains the right to use medical marijuana doesn't mean he or she becomes immune to the state's other laws, such as the one against driving under the influence, which Ohio calls operating a vehicle impaired. Part of the problem that Ohio and other states face is establishing that a driver actively used marijuana before driving. After all, it's not like using a breath test to establish alcohol use.

If you've ever traveled Ohio highways during a holiday season, you may have had to unexpectedly stop your vehicle because police had set up a roadblock. Sometimes, these DUI checkpoints can cause traffic to backup for miles. You may even have had the fleeting thought to survey your surroundings to see if there was a way to get around the roadblock without stopping. Like most Ohio motorists, you likely decided against that and stayed in line with all the other cars, waiting for your turn to talk to police.

You have certain personal rights guaranteed under the U.S. Constitution. The Fourth Amendment seems to pertain to this type of situation. In this section of the Constitution, you are protected against unlawful searches and seizures. This is why police in all states need valid cause and authoritative permission to search your car, your person or your house.