State v. Klintworth
2011 Ohio 3553
Ohio Ct. App.2011Background
- Appellant William Klintworth was convicted of OVI per se (R.C. 4511.19(A)(1)(e)) by a Marietta Municipal Court jury after a stop for marked lanes and sobriety testing.
- A urine test showed an alcohol concentration of 0.172 g/100 ml; the case proceeded on counts including OVI per se and original OVI (A)(1)(a).
- Appellant presented expert Dr. Alfred Staubus; the State moved in limine to exclude testimony on first void urine testing reliability.
- The trial court granted the motion in limine, and allowed some testimony from Staubus about urine collection timing but not on first void testing reliability as a general attack on urine testing.
- The jury acquitted on the DUI (A)(1)(a) charge but convicted on OVI per se (A)(1)(e); the trial court entered judgment accordingly.
- On appeal, Klintworth challenged the in limine ruling, the manifest weight of the evidence, and constitutional arguments related to R.C. 4511.19(A)(1)(e); the court upheld the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the in limine ruling reversible error? | Klintworth | Klintworth | First assignment overruled; no reversible error. |
| Is the conviction against the manifest weight of the evidence? | Klintworth | Klintworth | Second assignment overruled; substantial evidence supports the verdict. |
| Does R.C. 4511.19(A)(1)(e) violate due process due to vagueness or unimplementability? | Klintworth | Klintworth | Waived; appellate review declined for constitutional challenges not raised below. |
| Does the asserted selective, arbitrary testing violate equal protection? | Klintworth | Klintworth | Waived; appellate review declined for constitutional challenges not raised below. |
Key Cases Cited
- State v. Vega, 12 Ohio St.3d 185 (1984) (no general attack on reliability of breath tests allowed)
- State v. Columber, 2006-Ohio-5490 (Ohio Ct. App. 5th Dist.) (attack on reliability of testing procedures generally barred)
- State v. Peprah, 2006-Ohio-4222 (Ohio Misc.3d) (no impeachment of legislatively determined urine tests by expert testimony)
- State v. Estep, 73 Ohio App.3d 609 (1991) (improper to impeach general reliability of urine-alcohol testing procedures)
- State v. Sabo, 2006-Ohio-1521 (Ohio App.3d) (strict-liability treatment under R.C. 4511.19)
- State v. Kretz, 60 Ohio St.3d 1 (1991) (per se offenses defined; focus on chemical test result and operation)
- Newark v. Lucas, 40 Ohio St.3d 100 (1988) (impairment not required for per se offense)
- State v. Watson, 2007-Ohio-2804 (Ohio App.5th Dist.) (urine testing procedures and director of health regulations discussion)
- State v. Countryman, 2008-Ohio-6700 (Ohio App.4th Dist.) (waiver/forfeiture of constitutional challenges on appeal)
- State v. Awan, 22 Ohio St.3d 120 (1986) (waiver doctrine for constitutional issues)