State v. Haas, 2012 Ohio 2362

Haas was cited for O.V.I. under R.C. 4511.19(A)(1) and parking on a highway under R.C. 4511.66.
Haas moved to suppress all evidence from the stop, which the trial court overruled.
The Napoleon Municipal Court convicted Haas after a no-contest plea; sentence included 30 days with 27 suspended, $400 fine, six-month license suspension.
Deputy Wymer testified that Haas’s vehicle was stopped in the southbound lane with lights on, Haas’s vehicle impeded traffic, and Haas was later detected with an odor of alcohol.
The officer based the stop on Haas being parked on the roadway; the defense argued Haas’s conduct did not facially violate R.C. 4511.66 and that the officer lacked reasonable articulable suspicion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the stop was supported by reasonable articulable suspicion	State argues officer had suspicion based on observed stop on roadway	Haas argues no violation of 4511.66 and no articulable suspicion	Stop unconstitutional; no valid reasonable articulable suspicion
Whether Haas violated 4511.66 on the face of the statute	State contends parking in roadway potentially violates statute	Haas did not violate 4511.66 as claimed	Haas did not facially violate 4511.66; stop invalidated

State v. Young, 2004-Ohio-540 (3d Dist. 2004) (stop based on statute violation must be supported by facially violation of statute)
State v. Hageman, 180 Ohio App.3d 640 (6th Dist. 2009) (insufficient suspicion when conduct did not violate cited statute)
State v. Zervos, 2010-Ohio-1998 (6th Dist. 2010) (rejected as basis for stop where conduct did not violate statute)
Bowling Green v. Godwin, 110 Ohio St.3d 58 (2006) (police not required to predict outcome of offense; sign enforceability context)
State v. Young, 2004-Ohio-540 (3d Dist. 2004) (reiterated requirement that stop be based on facially valid statute)