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Attorney Dan Sabol was invited once again by the Ohio Association of Criminal Defense Lawyers to speak at the “2015 Advanced DUI Seminar & Trial Skills Academy,” further solidifying his reputation as on of Ohio’s leading DUI defense lawyers. The conference was held in Columbus on March 12 and 13, 2015.
The annual conference focuses on defending DUI cases, including challenging breathalyzer results, and on developing trial skills for use in DUI cases. Among the topics covered were the science of Standard Field Sobriety Tests and Drug Recognition Expert programs, issues related to DUI and commercial driver’s licenses, and an entire track on breath tests.
Sabol spoke about the “good faith” to the Fourth Amendment requirement that police obtain a warrant supported by probable cause before a search or seizure. When law enforcement officers perform a search without a warrant or without probable cause, courts may apply a doctrine known as the “exclusionary rule” that bars the use of evidence obtained through an unlawful search or seizure. The “good faith” exception in essence negates the exclusionary rule and allows evidence to be admitted when the officers had a good faith, reasonable belief that they were acting pursuant to legal authority, for example if they had a search warrant that was later determined not to be supported by probable cause.
Sabol told the OACDL audience that officers and prosecutors often invoke the “good faith” exception to save evidence from being excluded because of a Constitutional violation when an officer mistakenly believes he or she is doing the right thing. However, the good faith exception should only be applied when an officer’s actions are objectively reasonable and based upon reliable, authoritative information. He discussed how defense lawyers can deal with this issue when it arises in court.
If you’ve been charged with a Columbus OVI or DUI, the experienced attorneys at Luftman, Heck & Associates offer skilled representation to earn the best outcome possible for your case and your circumstances. Call us today for a free consultation at .