State v. Bull
2014 Ohio 4230
Ohio Ct. App.2014Background
- State v. Bull, 2014-Ohio-4230, Fifth Appellate District, affirming a suppression ruling.
- Appellant Jason P. Bull was stopped for speeding on Nov. 28, 2013, later charged with OMVI and speeding.
- Bull filed a motion to suppress on Jan. 3, 2014 alleging lack of reasonable suspicion, improper HGN, and lack of probable cause.
- Suppression hearing on Jan. 6, 2014 featured Trooper Cummins, who testified to speeding, odor of alcohol, and Bull’s statements.
- Bull pled no contest to OMVI and was found guilty Feb. 7, 2014; the trial court’s denial of suppression was reviewed on appeal.
- The appellate court affirmed, sustaining part of Bull’s challenges to the HGN procedure but ultimately upholding the conviction on the grounds of probable cause and the per se OMVI charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by overruling the suppression motion | Bull argues lack of reasonable suspicion and improper SFSTs | Bull contends no probable cause or proper sobriety testing standards were met | Overruled on the suppression issue (affirmed conviction) |
| Whether HGN testing substantial compliance with NHTSA standards | HGN test was not performed per NHTSA standards | Tests were conducted according to training and SFST protocol | HGN noncompliance sustained but harmless error given per se OMVI conviction |
| Whether there was probable cause to arrest for OMVI | Officer had probable cause based on odor of alcohol and Bull’s appearance | Probable cause lacking due to testing issues | Probable cause supported by odor, eyes, and admissions; arrest upheld |
Key Cases Cited
- State v. Weinheimer, 2004-Ohio-801 (2004) (stated standards for vehicle stops and probable cause)
- State v. Homan, 89 Ohio St.3d 421 (2000) (NHTSA standards govern field sobriety tests)
- State v. Stritch, 2005-Ohio-1376 (2005) (court allowed judicial notice of NHTSA manual standards)
- State v. Griton, 2005-Ohio-1043 (2005) (NHTSA standards applicable to HGN test; sufficiency of evidence depended on standards)
- State v. Shepard, 2002-Ohio-1817 (2002) (NHTSA standards cited as governing SFSTs)
- State v. Ornelas, 517 U.S. 690 (1996) (probable cause and reasonable suspicion standards are de novo on appeal)