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OVI is probably the most complex area of law.
And here's what I mean by that. •
If you get an OVI, it immediately implicates Fourth Amendment issues. In other words, there was a stop, a seizure, and an arrest most often. • • And all those things must be justified under the Fourth Amendment. And there's an entire body of law in the Fourth Amendment that's developed around drinking and driving traffic stops and arrests. And then here in Ohio, we have field sobriety testing. So field sobriety tests involve administrative regulations.
They also involve what I call pseudoscience.
Here is a link to the DUI 360 series I mentioned in the podcast.
By Stephen E. Palmer - Attorney At Law4.7
5151 ratings
OVI is probably the most complex area of law.
And here's what I mean by that. •
If you get an OVI, it immediately implicates Fourth Amendment issues. In other words, there was a stop, a seizure, and an arrest most often. • • And all those things must be justified under the Fourth Amendment. And there's an entire body of law in the Fourth Amendment that's developed around drinking and driving traffic stops and arrests. And then here in Ohio, we have field sobriety testing. So field sobriety tests involve administrative regulations.
They also involve what I call pseudoscience.
Here is a link to the DUI 360 series I mentioned in the podcast.

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