2013 Ohio 738
Ohio Ct. App.2013Background
- Village of Kirtland Hills appeals Willoughby Municipal Court judgment granting Kunka suppression of field sobriety evidence.
- Officer Null observed two marked lane violations, a strong odor of alcohol, red/glassy eyes, and Kunka admitted drinking two beers.
- Stop occurred in early morning hours after the initial traffic stop for lane violations.
- Municipal court suppressed the field sobriety tests and related observations, finding insufficient reasonable suspicion to extend detention.
- Appellate court reverses, holding the totality of circumstances supported reasonable suspicion to conduct sobriety testing, and remands for further proceedings.
- Costs taxed against appellee per final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to extend the stop for field sobriety tests? | Lane violations plus odor/eyes/admission supported suspicion | Lane violations alone do not prove impairment; no further detention justified | Yes; totality supported reasonable suspicion for sobriety testing |
Key Cases Cited
- Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (reasonable suspicion based on totality of circumstances; stop justified for investigation)
- State v. Mays, 119 Ohio St.3d 406 (Ohio 2008) (marked lane violation can support stop even absent erratic driving)
- State v. Evans, 127 Ohio App.3d 56 (Ohio App. 11th Dist. 1998) (field sobriety testing requires specific, articulable facts showing reasonable basis)
- State v. Wiesenbach, 2011-Ohio-402 (11th Dist. 2011) (odor of alcohol plus indicia of intoxication justify testing)
- State v. Dierkes, 2009-Ohio-2530 (11th Dist. 2009) (early morning stop with odor of alcohol and admission supports suspicion)