State v. Blair
2013 Ohio 646
Ohio Ct. App.2013Background
- Blair was stopped by Trooper Young for a non-illuminated rear license plate light.
- Blair was with a passenger; Blair admitted consuming two drinks earlier and an odor of alcohol was detected.
- Blair performed field sobriety tests with six clues on HGN; one-leg-stand had no impairment; walk-and-turn showed impairment.
- Blair submitted to a breath test; initial sample was invalid, second test yielded .106 BAC, exceeding legal limit.
- Blair was charged with OVI and a prohibited alcohol concentration; a suppression motion was denied; subpoenas were quashed; jury found Blair guilty of OVI and prohibited concentration.
- Blair appeals asserting suppression errors, confrontation issues, and double jeopardy regarding ALS credit and license suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of stop and subsequent detentions. | Blair contends stop lacked probable cause or reasonable suspicion. | State contends license plate light violation justified stop and continued detention for investigation. | No reversible error; stop and detentions supported by facts and reasonable suspicion. |
| Confrontation and due process rights regarding subpoenas and evidence. | Blair claims improper quash of subpoenas and exclusion of evidence violated rights. | State argues rulings were proper and discovery/limits were within court discretion. | Assignments of error regarding subpoenas and evidentiary limits are overruled. |
| Double jeopardy and ALS credit in license suspension. | Blair argues ALS credit should reduce judicial suspension; otherwise punitive. | ALS ceased before sentencing; court could suspend within statutory limits. | ALS not punitive; one-year license suspension within statutory range; no double jeopardy violation. |
Key Cases Cited
- City of Dayton v. Erickson, 76 Ohio St.3d 3 (Ohio 1996) (stop justified by traffic violation regardless of ulterior motives)
- State v. Edwards, 107 Ohio St.3d 169 (Ohio 2005) (pretrial suppression ruling governs admissibility of breath-test results)
- Xenia v. Wallace, 37 Ohio St.3d 216 (Ohio 1988) (substantial compliance standard for breath-test admissibility)
- State v. Gustafson, 76 Ohio St.3d 425 (Ohio 1996) (ALS suspensions with adjudication are double jeopardy issue if ongoing post-sentencing)