Increased Police Patrols During the Holidays: Your Rights in a Traffic Stop
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The holiday season brings celebrations, family gatherings, and travel — but it also brings a significant increase in law enforcement activity on Ohio’s roads.
From Thanksgiving through New Year’s Eve, police departments and the Ohio State Highway Patrol traditionally increase their presence with targeted patrols and additional sobriety checkpoints aimed at preventing impaired driving.
While these efforts are intended to keep communities safe, they also result in more traffic stops — many of which have nothing to do with impaired driving. Whether you’re traveling to a holiday party or heading out for seasonal shopping, it’s important to understand your rights and your responsibilities if you are stopped by law enforcement this time of year.
Why Police Presence Increases During the Holidays
Statistics consistently show a spike in alcohol-related incidents between late November and early January. To reduce preventable injuries and fatalities, officers focus on:
DUI/OVI enforcement
Speeding and aggressive driving
Distracted driving
Seatbelt compliance
Late-night patrols near restaurants and entertainment districts
While these strategies may reduce crashes, the increased volume of stops can also lead to misunderstandings, rights violations, or escalated legal consequences for drivers who are unsure how to navigate the situation.
Your Rights During a Traffic Stop
Even during heightened enforcement, your constitutional rights remain the same. Knowing them can help you stay calm, safe, and legally protected.
1. You Have the Right to Remain Silent
You must provide your name, driver’s license, registration, and proof of insurance — but you do not have to answer questions like:
“Have you been drinking?”
“Where are you coming from?”
“Where are you headed?”
Politely stating, “I prefer not to answer questions,” is enough.
2. You Have the Right to Decline Vehicle Searches
Officers need your permission, probable cause, or a warrant to search your vehicle.
You may respectfully state:
“I do not consent to a search.”
3. You Have the Right to Ask if You're Free to Leave
If you are not being detained or arrested, you can ask:
“Am I free to go?”
If the officer says yes, you may leave calmly and safely.
4. You Have the Right to Legal Counsel
If you are arrested, you do not have to answer questions without an attorney present.
Invoke this right clearly:
“I want to speak with an attorney.”
What to Expect if Asked to Perform Field Sobriety Tests
During holiday patrols, officers may request:
Horizontal gaze nystagmus (eye test)
Walk-and-turn test
One-leg-stand test
These tests are voluntary in Ohio. Politely declining cannot be used as evidence of guilt — but refusing a chemical breath test after arrest may carry administrative penalties under Ohio’s implied consent laws.
How to Protect Yourself During a Holiday Traffic Stop
Stay calm and respectful — confrontational behavior can escalate even routine stops.
Keep your hands visible and avoid sudden movements.
Do not admit to wrongdoing — statements can be misinterpreted or used against you.
Document the interaction as soon as you’re able. Write down:
Patrol car numbers
Officer names
Time and location
Any statements made
If you believe your rights were violated, an attorney can review these details to determine your options.
When to Contact an Attorney
If you are charged with DUI/OVI or feel you were treated unfairly during a holiday traffic stop, contacting experienced legal counsel is essential. Cases that occur during “high enforcement” periods often move quickly — and mistakes made early in the process can affect the outcome.
Lipson O'Shea Legal Group has decades of experience defending individuals facing DUI, traffic, and criminal charges across Northeast Ohio. We understand the complexities of holiday enforcement patterns and know how to protect your rights when it matters most.
We’re Here to Help — Even During the Busiest Time of Year
The holidays should be a time of joy, not legal stress. If you find yourself in a difficult situation on the roadway this season, our team is here to help you navigate the process with clarity, compassion, and trusted legal support.
Contact Lipson O’Shea Legal Group anytime for a confidential consultation.
