2014 Ohio 1498
Ohio Ct. App.2014Background
- Coleman was arrested for obstructing official business on August 27, 2010, after officers witnessed him operating a truck near an apartment while attempting to arrest another individual.
- At the station, Coleman admitted drinking and performed field sobriety tests; he signed and then refused a breath test after receiving Form 2255.
- Coleman was transported to a hospital for a blood draw and released; the felony OVI charge arose from this period.
- Coleman was indicted on August 26, 2011, for two counts of operating a vehicle under the influence of drugs and/or alcohol (felonies).
- Coleman was arrested on the OVI indictment on August 31, 2011, released on recognizance, and later waived speedy-trial time on February 9, 2012.
- Coleman pled no contest to the felony OVI on January 4, 2013, was sentenced, and timely appeals followed; the trial court rulings on speedy-trial and suppression were upheld on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial clock start | Coleman argues the clock began Aug. 27, 2010. | State says clock starts with indictment, Aug. 31, 2011. | No speedy-trial violation; clock began Aug. 31, 2011 and was waived. |
| Suppression of blood draw | Blood drawn without valid arrest/consent; suppression warranted. | Valid arrest for OVI triggered implied consent; blood draw proper. | Suppression properly denied; arrest and implied-consent applied. |
Key Cases Cited
- State v. Azbell, 112 Ohio St.3d 300 (2006-Ohio-6552) (start of speedy-trial clock upon filing of indictment)
- State v. Selvage, 80 Ohio St.3d 465 (1997-Ohio-687) (pre-indictment speedy-trial rule in Ohio)
- Barker v. Wingo, 407 U.S. 514 (U.S. Supreme Court, 1972) (speedy-trial four-factor test)
- State v. Rice, 129 Ohio App.3d 91 (7th Dist. 1998) (implied-consent standards post-arrest blood draw)
- State v. Lovasco, 431 U.S. 783 (U.S. Supreme Court, 1977) (due-process pre-indictment delay considerations)