The Lane Violation That Kept Going
At 1:48 a.m. on a clear, dry night, you watch a 2014 Honda Accord drift over the fog line twice on a 35 mph four-lane road. No other traffic is visible. You stop the car. The driver is a 24-year-old man; the front passenger is a 23-year-old woman who owns the vehicle. The temporary tag expired three months ago. As the driver lowers his window, you smell a strong odor of alcohol and see a half-empty 750 ml bottle of Fireball on the rear floorboard. His eyes are bloodshot and watery, his speech is thick, and he says he had "two beers at a friend's house." He has a valid Ohio license and an OVI conviction from 18 months ago. When you ask him to step out for field sobriety tests, he says, "You can't search my car without a warrant," and refuses to get out. The passenger says she is sober and wants to drive the car home.
1. What is the legal basis for the stop, and what facts justify extending it beyond the traffic violation? Address the driver's warrant comment.
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The stop is lawful. You observed two marked-lane violations (O.R.C. 4511.33) and an expired temporary tag, both traffic offenses committed in your presence, so reasonable suspicion supports the stop under Whren v. United States. The stop does not end with the tag. The odor of alcohol, the open Fireball bottle in plain view, bloodshot watery eyes, slurred speech, and the admission of drinking supply reasonable suspicion of OVI (O.R.C. 4511.19) and justify extending the detention to investigate. The driver's warrant comment is a misunderstanding: you are not searching the car. You may order the driver out under Pennsylvania v. Mimms for officer safety, and the open container is already in plain view. If you later need to search for more alcohol, you would need consent, probable cause plus an exception, or a warrant. At this point, the lawful path is investigation, not a vehicle search.
2. Outline your field sobriety testing and implied-consent sequence. What do you do if he refuses the breath test?
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Use a standardized SFST sequence: horizontal gaze nystagmus, walk-and-turn, and one-leg stand, administered as trained and documented on video. Note the prior OVI because it affects charging and ALS, but do not let it substitute for current observations. If the SFSTs show impairment, arrest for OVI. Under Ohio's implied-consent law (O.R.C. 4511.191), read the BMV form verbatim, advise him of the consequences of refusal, and request a breath, blood, or urine test. If he refuses, document the refusal and the exact advisement. Do not forcibly take a breath sample; if you have probable cause and need blood, seek a warrant or use a recognized exception. A refusal triggers an administrative license suspension and can be used as evidence, but the investigation continues. Charge OVI and any open-container violation, and note the prior conviction for the prosecutor.
3. Can you release the car to the passenger? What factors and legal issues control that decision?
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The passenger owns the car, but ownership alone does not decide release. You must confirm she is licensed, sober, insured, and able to drive safely. Given the open bottle and the hour, ask her whether she has been drinking and observe her. If she is impaired, she cannot drive; release would create a new OVI risk. If she is sober and licensed, department policy may allow release to her after you remove or secure the open container, and after you document her information. If she is not a permissible driver, tow the car under policy. Before release, complete a vehicle release form, photograph the car's condition, and note the time. Do not let her drive if the only reason is to avoid a tow; the decision must be based on safety and policy, not convenience.