2020 Ohio 1567
Ohio Ct. App.2020Background
- At 2:16 A.M., Trooper Shellhouse stopped Shawn Miracle after observing the vehicle stopped past the marked stop line and committing a marked lanes violation; Miracle had his left turn signal on at an intersection leading the wrong way down a one-way street.
- On contact, Shellhouse detected alcohol odor, observed bloodshot/glassy eyes, slurred speech, and stumbling; Miracle admitted having "a couple of beers." Shellhouse administered an HGN test and observed multiple clues and lack of convergence.
- At the jail, Miracle twice produced insufficient breath samples on the breathalyzer; Shellhouse then requested a urine sample and instructed Miracle to remain seated until a kit arrived, but Miracle went to the restroom before the sample could be collected.
- Miracle was charged criminally with OVI and filed an administrative license suspension (ALS) appeal; the municipal court upheld the ALS. A later criminal jury trial returned a not-guilty verdict on the OVI charge.
- Miracle appealed the ALS upholding, asserting (1) Trooper Shellhouse lacked reasonable grounds to believe he violated R.C. 4511.19 and (2) he did not refuse the chemical tests as requested.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did officer have reasonable grounds to believe Miracle violated R.C. 4511.19? | Miracle: factors (signal, alleged high beams, speech, stumble) individually insufficient; no probable cause. | Shellhouse: totality (time, stop-line violation, erratic driving, odor, admission, appearance, HGN) provided reasonable grounds. | Court: Trooper had reasonable grounds under totality-of-circumstances; ALS predicate satisfied. |
| Did Miracle refuse chemical testing? | Miracle: inability to provide breath due to lung issues; went to restroom for legitimate need, not refusal. | Shellhouse: Miracle repeatedly failed to provide sufficient breath samples, disobeyed instructions by using restroom before sample collected, manifesting unwillingness. | Court: Conduct showed unwillingness; failure to provide sufficient breath and leaving to restroom constituted refusal; ALS predicate satisfied. |
Key Cases Cited
- State v. Brown, 86 N.E.3d 87 (Ohio Ct. App. 2017) (ALS is civil/remedial; standards for ALS appeals and refusal analysis)
- State v. McCaig, 51 Ohio App.3d 94 (Ohio Ct. App. 1988) (totality-of-the-circumstances test for reasonable grounds)
- Atwell v. State, 301 N.E.2d 709 (Ohio Ct. App. 1973) (use of totality-of-the-circumstances in intoxication determinations)
- State v. Tyson, 41 N.E.3d 450 (Ohio Ct. App. 2015) (stop-line/stop-sign compliance as basis for traffic stop)
- State v. Evans, 711 N.E.2d 761 (Ohio Ct. App. 1998) (nonexclusive list of intoxication indicators: time, erratic driving, glassy eyes, slurred speech, odor, admission, lack of coordination)
- State v. Hoover, 916 N.E.2d 1056 (Ohio 2009) (administrative suspension is automatic consequence of chemical-test refusal)
- State v. Mattes, 97 N.E.3d 876 (Ohio Ct. App. 2017) (refusal may be shown by acts, words, or conduct manifesting unwillingness)
- Hoban v. Rice, 267 N.E.2d 311 (Ohio 1971) (refusal determination must be objective; licensee's subjective state not controlling)