I was pulled over for drinking, the officer was extremely arrogant and rude while I was nothing but cooperative. He told me to get out of the car, which I did. He told me to walk a straight line and I told him no. We exchanged a few harsh words and he PUNCHED me in the jaw! I blew a .180 at the police station. Is it possible to get out of this OVI and have something done against this officer?
It is possible to win any OVI case. It is necessary to challenge all of the evidence at all given opportunities. Don't let the .18 BAC scare you away from having an attorney thoroughly review the case to determine the defenses that may be available to you. Despite what most people think, you are not automatically guilty just because you tested over the legal limit.
As for the officer, you would need to seek the advice of an attorney that handles that type of matter.
You need to hire an OVI Defense Attorney NOW! As a former DUI TOP COP myself, I know that those kind of abuses happen more often than the public would like to believe. And they happen more often than go discovered by counsel, who are not FOCUSED on OVI Defense.
It sounds like you may have many defenses to this case. Not the least of which could be that the inside of your mouth may have been bleeding from being punched, which could have caused a skewed Blood Alcohol Concentration of .180.
There are many things that can be done in a case like this. But first, you need to contact an OVI Defense Attorney.
Attorney Mark A. Deters
Deters Law LLC
There's lots to do to fight this case and is there any video of this highly inappropriate behavior where he punched you in the face? Please feel free to call to provide more details about the entire incident as well as to receive a detailed response regarding the legal issues available to you.
First, in Cortland, the officers have vidoecameras on their vehicles--so I would tell you that you need to have counsel subpoena the video. There are always DUI defenses available-- but these are separate from the issue of the officer's conduct. Your argument is one of the use of excessive force--but you indicate "harsh words", and if those words were perceived as threatening-- you may not have a claim there.
The applicable statute is ORC 2323.57, I believe--the Ohio Political Subdivisions Tort Immunity Act, that immunizes police and public officials from civil liability for acts which occur during the carrying out nof their regular job-related duties--unless the acts are illegal per se.
The police officer's conduct would be immune from prosecution only IF the video or audio shows that you were more aggressive than your response indicates.
Sight unseen--that one question can't be answered without seeing the tape and hearing the audio.
As for the DUI--normal defense issues apply to the reading--these include--how long after the stop was the breathalyzer given--was the machine in correct working order--which machine did they use--(there are challenges to the new Intoxalyzer 8000, as opposed to the 5000 model...were there any factors interfering with the validity of the test, or any chain of evidence issues?
Many questions here--you have a complex case and need to hire counsel immediately--feel free to contact my office if I can be of assistance. But--the punch and the DUI are two separate issues--while we may be able to leverage one against the other--this can be delicate, and requires the right evidentiary facts, tact, timing and discretion. Good Luck.
Hopefully there is either an in-car video of the event or you have witnesses to substantiate your claim. If you were the only person in your vehicle and there was no additional officers on scene, then hopefully you sought medical attention while at the jail facility and the injury to your jaw is documented, photographed, ect. You need to file a request for these medical documents and seek counsel immediately so your attorney can begin a defense and also handle and internal affairs investigation for the unlawful use of force in your case.
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