State v. Crace
2013 Ohio 3417
Ohio Ct. App.2013Background
- On December 1, 2011 Jason Crace crashed his vehicle on SR-56 and admitted driving; trooper observed signs of intoxication (odor, slurred speech, red/glassy eyes, unsteady).
- Field sobriety tests: HGN 6/6; Crace refused to complete walk-and-turn, one-leg-stand, and a portable breath test.
- Trooper arrested Crace for OVI, advised him under R.C. 4511.192, and Crace refused an evidentiary breath test at 9:40 p.m.
- Crace had a prior OVI conviction (1992), making statutory refusal at issue under R.C. 4511.19(A)(2).
- Crace moved to suppress evidence of his refusal, arguing the officer’s request for chemical testing occurred beyond the two-hour period in R.C. 4511.192 and thus his later refusal was not a statutory refusal nor admissible.
- Trial court denied the motion; Crace pled no contest to OVI (A)(2), driving under suspension, and a marked lanes violation, and appealed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crace's refusal to submit to chemical testing should be suppressed because the request occurred after the statutory two-hour window | State: Refusal is admissible; trial court credited trooper’s timeline and found refusal relevant regardless of timing | Crace: If the officer requested the test after the two-hour period in R.C. 4511.192, the refusal is not a statutory refusal and should be suppressed | Court: Refusal evidence is relevant and admissible regardless of whether the officer’s request occurred after two hours; suppression denied |
Key Cases Cited
- Roberts v. State, 110 Ohio St.3d 71 (standard of review for suppression: factual findings reviewed for clear error, legal conclusions de novo)
- Burnside v. State, 100 Ohio St.3d 152 (trial court as factfinder on suppression; defer to factual findings)
- Maumee v. Anistick, 69 Ohio St.3d 339 (admission of refusal to take chemical test does not violate Fifth Amendment and is admissible)
- Landrum v. State, 137 Ohio App.3d 718 (appellate deference to trial court factual findings on suppression)
- Westerville v. Cunningham, 15 Ohio St.2d 121 (evidence of refusal to submit to a reasonably reliable chemical test and counsel comment are admissible)