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In this video a man is pulled over for speeding and driving erratically. The police who pull him over believe he is under the influence. They gave him a field sobriety test and he seemed to do well. He asked questions throughout, which is his right, but his questions were met with hostility from the officers. The officers told him that even though he passed his field sobriety test they intended to breathalyze him anyways. The driver was obviously annoyed with the situation and the officer mistakes his annoyance for hostility. At this point, several more officers show up despite the fact that the driver, and his elderly mother whom he just picked up from her night shift, were under control. The officers asked the man to go to the ground and put his hands behind his back. He asked why and never shows any signs of aggression or hostility toward the officers. Nevertheless, he submitted to the officer’s request. Once on the ground, the officers tazed him. After seeing her son tazed by the police the mother jumped out of the passenger seat only to receive a shot of pepper spray to the face. The man’s only crime was asserting his rights and asking what he was being detained for, and his reward was 50,000 volts in the back.
The video demonstrates why you should follow the advice of Delaware OVI Attorney Brian Jones. No law obligates you to submit to balance and agility testing (aka field sobriety testing): do not perform their song and dance! In fact, you are permitted to request any testing be performed in a well-populated area in order to ensure witnesses for your safety. Finally, all citizens should exercise their right to record law enforcement officers. Had this poor man not had the benefit of a running cruiser video, his ordeal would have been swept past the blue line of silence and we would never learn from his ordeal.
Brian Glen Jones graduated from Ohio Wesleyan University with a Bachelors Degree in Politics and Government. He then went on to earn his Juris Doctorate degree from the University Of Akron School Of Law. Brian has been a lifelong resident of Ohio. Brian is licensed to practice law in the state of Ohio and before the United States District Court for the Northern and Southern Districts of Ohio.
Calling a knowledgeable criminal defense lawyer before speaking to law enforcement is the best way to protect your future. Our attorneys will work to minimize or eliminate the possibility of jail time, a prison sentence, probation, hefty fines and a permanent criminal record. Call us now at 740-363-3900 to schedule your appointment with one of the firm’s knowledgeable attorneys.
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52 North Sandusky Street
Delaware, OH 43015