State v. Hopp
2016 Ohio 8027
Ohio Ct. App.2016Background
- On July 17, 2015, Steven Hopp was stopped at a sobriety checkpoint on West Market Street in Akron, Ohio.
- Deputy Breeden detected a strong odor of alcohol from Hopp's car, observed bloodshot eyes, and heard slightly slurred speech; Hopp admitted to having a couple of scotches.
- Breeden asked Hopp to exit the vehicle and administered field sobriety tests; the trial court later suppressed the field sobriety test results for failing to show NHTSA compliance.
- After the officer concluded Hopp was impaired, Hopp was taken for BAC testing and charged with OVI under R.C. 4511.19(A)(1)(a) and (d).
- The trial court denied suppression of other evidence, Hopp pleaded no contest, was convicted and sentenced, and appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Hopp) | Held |
|---|---|---|---|
| Whether officers had probable cause to arrest for OVI | Probable cause existed based on odor of alcohol, admission of drinking, bloodshot eyes, slurred speech, and officer observations | Those signs show consumption but not impairment; insufficient to establish probable cause to arrest | Reversed: no probable cause to arrest based on totality of facts in this case |
| Whether Hopp waived challenge to checkpoint structure | (State argued) Hopp did not sufficiently challenge checkpoint in motion to suppress | Hopp argued trial court erred in finding challenge insufficient | Not reached (moot after probable-cause ruling) |
| Whether breath test complied with administrative requirements | (State argued) breath test substantially complied with R.C. requirements | Hopp argued breath test did not substantially comply | Not reached (moot after probable-cause ruling) |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (explains appellate standard of review for suppression hearings)
- State v. Hobbs, 133 Ohio St.3d 43 (applies Burnside review framework)
- State v. Homan, 89 Ohio St.3d 421 (sets probable-cause standard for OVI arrests)
- State v. Finch, 24 Ohio App.3d 38 (observations of smell, slurred speech, bloodshot eyes insufficient alone for probable cause)
- Taylor v. State, 3 Ohio App.3d 197 (distinguishes driving after drinking from driving while impaired)