Lack of Probable Cause for a DUI Arrest Example Case In Ohio
In State v. Finch (1985), 24 Ohio App.3d 38, 24 Ohio B. 61, 492 N.E.2d 1254, the Twelfth District Court of Appeals held that the arresting officer lacked probable cause to arrest the defendant for a DUI offense. However, the officer in Finch had not witnessed the defendant driving in an unsafe manner nor had she observed that the defendant had impaired motor skills before making the arrest. Id. at paragraph two of the syllabus.