City of Cleveland v. Giering
2017 Ohio 8059
Ohio Ct. App.2017Background
- Defendant Kimberly M. Giering was stopped after a ranger observed her vehicle hit the base of a portable stop sign, merge onto Route 2 without signaling, drive with left tires over lane lines, over-correct, and later pass a stop sign before stopping ~15 feet beyond it.
- Ranger Tim Garris followed, activated dash cam, smelled a strong odor of alcohol, observed bloodshot eyes, slurred speech, open alcohol containers in the car, and found Giering slumped over the wheel; she was uncooperative and physically removed from the vehicle.
- Responding rangers located multiple bottles of Grey Goose vodka (one open) and partially depleted six-packs of Twisted Tea inside the vehicle; video showed deteriorating condition and slurred/incoherent speech during transport and at the station.
- Giering refused a breath test, fell off a stool at the station, and later stipulated to a prior 2013 OVI conviction (the trial court merged the prior-offense count with the primary OVI count for sentencing).
- Giering argued on appeal that the stop lacked reasonable suspicion, the arrest lacked probable cause, the court improperly handled her stipulation to a prior conviction, the evidence was insufficient, and her conviction was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of traffic stop | Officer observed multiple traffic violations (struck sign, improper merge, driving over lane lines, passing stop sign) justifying stop | Stop lacked reasonable suspicion | Stop was lawful; suppression denial affirmed |
| Probable cause for arrest | Odor of alcohol, bloodshot eyes, slurred speech, open containers, erratic driving, slumped posture, uncooperative behavior gave probable cause | Officer lacked sufficient facts to arrest for OVI | Probable cause existed; arrest valid |
| Admission/stipulation to prior OVI | State needed to prove prior conviction; court permitted stipulation and admitted certified docket | Defendant sought to limit jury exposure to multiple priors per Creech | No prejudicial Creech error; stipulation accepted; no reversal |
| Sufficiency/manifest weight of evidence | Dash-cam, officer testimony, open containers, intoxication indicators, and station behavior proved impairment | Defendant cited recent surgery, Percocet use, and testimony denying drinking that day | Evidence was sufficient and not against manifest weight; convictions affirmed |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (trial court findings of fact on suppression entitled to deference)
- Beck v. Ohio, 379 U.S. 89 (probable-cause standard for arrests)
- State v. Thompkins, 78 Ohio St.3d 380 (manifest-weight standard)
- State v. Jenks, 61 Ohio St.3d 259 (sufficiency-of-evidence standard)
- State v. Henderson, 51 Ohio St.3d 54 (warrantless arrest for OVI when probable cause exists)
- State v. DeHass, 10 Ohio St.2d 230 (credibility and weight of evidence are for the trier of fact)