What we all can learn from Oklahoma State RB’s drunk driving arrest – What did he do right and wrong during the traffic stop?
What we all can learn from Oklahoma State RB’s drunk driving arrest – What did he do right and wrong during the traffic stop?
Oklahoma State running back Ollie Gordon was recently arrested in Oklahoma City on suspicion of drunk driving. Our law firm is not licensed in Oklahoma but many of clients and their families frequently travel there for work or to see family.
What happened to Oklahoma State’s RB Ollie Gordon in OK City?
Ollie Gordon was arrested on suspicion of driving under the influence by Oklahoma Highway Patrol. Police stopped Gordon after his vehicle swerved into the adjacent lane twice and was caught speeding 17 miles per hour over the speed limit of 65. This traffic violation provided probable cause for the initial traffic stop.
Following the stop, a trooper detected the odor of alcohol in the vehicle. Gordon admitted that he had an open bottle of vodka and of tequila. While police allegedly found these items, Gordon should not have made any statements as he as not obligated to do so.
Gordon refused a field sobriety test which is not required. Unlike a chemical DUI test (blood or breath),you are not obligated to take a field sobriety test
Gordon had an alleged blood alcohol level of 0.11 and 0.10 which means he did not refuse the chemical test. This was a good move as refusing the test will not help a criminal case and will result in an automatic administrative license suspension
Oklahoma’s legal blood alcohol content limit for driving is 0.08% which is similar to all other states including New Jersey and Pennsylvania.
What pre-trial legal arguments are available to Ollie Gordon?
Gordon’s criminal defense lawyer should evaluate possible pre-trial motions which should focus on suppressing the evidence against him. Remember that a motion to suppress will focus on the reasonable suspicion and or probable cause to stop a driver and or the reasonable suspicion and or probable cause to arrest the driver for drunk driving. This is often the best way to fight a drunk driving charge before trial.
Gordon was arrested after police stopped his vehicle for traffic violations. This set of circumstances probably means that his attorney won’t be able to successfully argue a motion to suppress for lack of probable cause to stop him. The failing to stop and the swerving provides police with sufficient probable cause to stop a driver for suspicion of drunk driving (DUI).
What did Ollie Gordon do right and wrong after police stopped his car and how did he make his defense weaker?
Gordon did not refused the chemical test (breathalyzer) which was the right thing to do here. Regardless of what happens, this chemical test refusal will result in an automatic license suspension and in most states including Pennsylvania and New Jersey.
Gordon should not have made any statements about where he was going, where he had been or what he consumed that evening. Statements will never help your criminal case and they will not help Sherman with this drunk driving charge. The prosecution will use this statement against if the case proceeds to trial.
How could have Ollie Gordon made his case better from a defense standpoint?
Gordon should have not made any statements to police. He should have simply been cooperative and provide the troopers with his driver’s license, registration and proof of insurance. This is all that is required following a drunk driving stop!
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