State v. Jozwiak, 2020 Ohio 3694

Background

Early-morning traffic stop after officer observed a right turn made without a signal and slow weaving; vehicle stopped in a driving lane at a Taco Bell parking lot.
Officer detected odor of alcohol, observed glassy eyes/slurred speech, and learned appellant Matthew Jozwiak had suspended driving privileges and prior OVI convictions.
Appellant failed/was unable to complete a portable preliminary breath test (PBT), performed three standardized field sobriety tests (HGN, walk-and-turn, one-leg stand), was arrested, and later refused an approved chemical breath test at the station.
Grand jury indicted Jozwiak for OVI (impaired driving) and refusal to submit to chemical test; both counts charged as third-degree felonies with a specification of five or more prior OVIs.
At jury trial the arresting officer testified and dashcam video and certified prior-conviction entries were admitted; jury convicted on both counts and specifications; court merged counts and sentenced Jozwiak to five years total plus fines (including $60,000 in lieu of vehicle forfeiture) and license suspension.
On appeal Jozwiak raised (1) ineffective assistance of counsel (failure to move to suppress, failure to object to evidence, comments on silence), (2) sentencing error re: forfeiture/fine, and (3) denial of Crim.R. 33 motion for new trial without hearing.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Jozwiak)	Held
Validity of traffic stop & suppression of FSTs	Stop was supported by probable cause (failure to signal); officer was trained and substantially complied with NHTSA standards for FSTs	Stop lacked constitutional basis; FSTs were not shown to be substantially compliant with testing standards	Stop was valid (R.C. 4511.39 violation observed); officer testimony showed training/NHTSA conformity; motion to suppress would have been futile and no prejudice shown
Evidentiary objections (officer opinion on "studies," PBT testimony, prior convictions)	Officer's testimony about training/studies and observations were admissible; PBT non-results and refusal to submit to approved chemical test did not prejudice verdict; prior convictions were elements or proven by certified entries	Counsel failed to object; evidence (PBT testimony, officer credibility opinions, detailed prior convictions) unfairly prejudiced jury contrary to Old Chief/Creech and Evid.R. 403/404	Counsel either objected or failure to object was not prejudicial; PBT testimony non-dispositive; Old Chief/Creech distinguishable because specific prior OVIs are elements here; admission did not create unfair prejudice
Fifth Amendment claim — use of prearrest silence	Prosecutor argued weight of evidence and weaknesses in defense theory, not to penalize silence	Prosecutor and officer comments impermissibly used appellant's silence against him in violation of Leach	No Fifth Amendment violation: appellant did not remain silent (he denied drinking/prior OVIs); prosecutor attacked defense theory and highlighted inconsistencies — permissible
Sentencing — fine in lieu of forfeiture, valuation, proportionality; denial of new-trial motion	Notice was given via traffic ticket and BMV Form 2255; court heard (and appellant declined to contest) vehicle valuation and explained proportionality; Crim.R.33 motion untimely	Appellant lacked adequate notice/hearing on forfeiture and valuation; fine excessive; trial court erred denying new-trial motion without hearing/findings	Notice satisfied statutory requirements; trial court permissibly imposed fine in lieu of forfeiture and explained reasoning (no plain error); Crim.R.33 motion was untimely (filed after 14 days) with no proof of unavoidable prevention, so denial without hearing was not an abuse of discretion

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance test)
Old Chief v. United States, 519 U.S. 172 (limits when prosecution may introduce details of prior convictions once defendant stipulates)
Dayton v. Erickson, 76 Ohio St.3d 3 (officer need only articulable reasonable suspicion or probable cause for traffic stop)
State v. Leach, 102 Ohio St.3d 135 (use of prearrest silence as substantive evidence violates Fifth Amendment)
State v. Bresson, 51 Ohio St.3d 123 (foundation for admission of HGN: officer training and technique)
State v. Schmitt, 101 Ohio St.3d 79 (officer may testify about observations made during nonscientific FSTs)
State v. Creech, 150 Ohio St.3d 540 (discusses limits on admissibility of details of prior convictions when stipulation exists)
State v. Hoover, 123 Ohio St.3d 418 (addressing proof of prior OVI convictions as elements)
Bowling Green v. Godwin, 110 Ohio St.3d 58 (Fourth Amendment automobile stops and review standard)