Brown Law Office OVI/DUI News

The Ninth District Court of Appeals recently held that an officer has reasonable suspicion to stop a vehicle with only one working taillight if the vehicle is emitting a white constant light while in forward motion.  In State v. Kordich, 2017-Ohio-234, the Court held that the officer, who observed a white light emitting from a vehicle while following it, had reasonable suspicion to stop the vehicle to investigate a violation of Ohio Revised Code 4513.13(A), which prohibits the use of back-up lights while a vehicle is in forward motion.  When the officer approached the vehicle, he smelled alcohol on the driver and an OVI investigation ensued.

Accordingly, even though Ohio Revised Code 4513.05(A) only requires one working taillight on a vehicle, if an officer observes a white light emitting from the vehicle, he can stop the vehicle to investigate a violation of 4513.13(A), and can subsequently make an arrest for OVI if there is probable cause that the motorist is intoxicated.

A link to the decision can be found here.

Contact the OVI/DUI attorneys at the Brown Law Office today for a free consultation at 330-601-0101.  As a member of the American Association of Premier DUI Attorneys, we have the resources and experience necessary to defend your OVI/DUI case.