State v. Lemaster
2012 Ohio 971
Ohio Ct. App.2012Background
- Appellant Brandy Lemaster was charged with OVI and a marked lanes violation after a traffic stop on State Route 23 at 2:20 a.m.
- Trooper observed Lemaster driving outside of clearly marked lanes and weaving within her lane, then activated emergency lights to stop her.
- Lemaster claimed she was on her way to the hospital for a broken ankle and disclosed taking Percocet and Xanax; she was observed as droopy-eyed and intoxicated-appearing.
- A Horizontal Gaze Nystagmus test was failed; Lemaster was transported to Adena Medical Center, and a urine test was refused.
- Lemaster moved to suppress all evidence from the stop, arguing the video did not show a traffic violation; the suppression hearing featured trooper testimony that video did not capture the violation.
- The trial court denied the motion to suppress, finding the trooper had a better perspective than the video; Lemaster pled no contest to OVI after the marked lanes charge was dismissed; the court sentenced her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was probable cause to stop for a marked lanes violation | Lemaster argues the video shows no violation and therefore no probable cause. | State contends the trooper observed a marker lanes violation and had probable cause despite video shortcomings. | Trooper had probable cause; denial of suppression affirmed. |
Key Cases Cited
- State v. McNamara, 124 Ohio App.3d 706 (1997) (mixed law and fact; de novo review of law and credibility)
- State v. Dunlap, 1995-Ohio-243 (1995) (trial court credibility sole factor; appellate review of credibility)
- United States v. Martinez, 949 F.2d 1117 (11th Cir. 1992) (standard for probable cause in traffic stops)
- Whren v. United States, 517 U.S. 806 (1996) (pretext not required when probable cause exists)
- State v. Guseman, 2009-Ohio-952 (2009) (de minimis traffic violations; perspective of officer)
- Village of New Lebanon v. Blankenship, 65 Ohio Misc.2d 1 (1993) (weaving in own lane; nonbinding but persuasive on stop legality)
- Dayton v. Erickson, 76 Ohio St.3d 3 (1996) (standard for traffic stops and reasonable suspicion)