http://www.scotusblog.com/case-files/cases/heien-v-north-carolina/

The United States Supreme Court recently ruled that evidence obtained pursuant to what is technically an unlawful stop is still admissible if the officer made a “reasonable mistake of law.”

In Heien v. North Carolina, a police officer stopped a vehicle for having only one brake light, despite the fact that North Carolina law requires only one working brake light.  During the stop, the officer became suspicious of the occupant’s actions and eventually discovered cocaine.  Departing from a long line of precedent, the United States Supreme Court held that a “reasonable mistake of law,” such as the one made the North Carolina officer, was not a basis to suppress otherwise lawfully seized evidence.

The ruling in Heien v. North Carolina has major implications for OVI/DUI cases and drug trafficking and drug possession cases. The ruling in Heien allows law enforcement to argue that an officer made a mistake of law when pulling over a motorist.  Thus, the ruling makes it more difficult to suppress evidence in certain cases involving suspected drunk driving and drug cases.

It is imperative to hire experienced and knowledgeable OVI/DUI lawyers to analyze and prepare a defense for your case.  Call the Brown Law Office today for a free consultation regarding your OVI/DUI case at 330-601-0101.