2012 Ohio 5463
Ohio Ct. App.2012Background
- Lawrence Mason was convicted in Canton Municipal Court after a no contest plea to OVI, under an impaired driving statute and related drug offenses.
- Trooper Saengsiphanh stopped Mason on I-77 after a grab DUI call describing lane weaving and near-collisions.
- A marijuana-containing bottle was found; Mason admitted recent marijuana use; field sobriety tests were conducted.
- Tests showed some impairment signs; Mason was charged with OVI (A)(1)(a), and with possession of drugs and paraphernalia.
- Urinalysis later prompted adding a per se charge for marijuana metabolite in urine; Mason moved to suppress the evidence and to dismiss the statute based on equal protection.
- Trial court denied both motions; Mason entered a no contest plea and was convicted on all counts; sentencing on the two OVI charges occurred separately.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of R.C. 4511.19(A)(1)(j)(viii)(II) | Mason argues equal protection violations on the per se marijuana metabolite provision. | Mason contends the statute as applied is unconstitutional and selectively enforced. | Statute upheld; no equal protection violation found. |
| Reliability of field sobriety tests to prove impairment from marijuana | Tests are not reliable for marijuana impairment; suppression should follow. | Other signs and tests indicate impairment; not solely HGN. | Motion to suppress denied; tests considered with other indicators. |
| Constitutionality applied to allied offenses and sentencing | Two OVI charges for the same conduct could be merged; plain error not raised but present. | No objection; double jeopardy concerns addressed by merger rules. | Remanded for sentencing to elect one allied offense; merger required; plain error found. |
Key Cases Cited
- State v. Whitfield, 124 Ohio St.3d 319 (2010-Ohio-2) (merger of allied offenses; plain error on sentencing)
- State v. Homan, 89 Ohio St.3d 421 (2000-Ohio-212) (review of suppression; de novo standard for probable cause)
- Ornelas v. U.S., 517 U.S. 690 (1996) (reasonable suspicion/probable cause reviewed de novo)
- State v. Fairman, 2011-Ohio-6489 (2d Dist. Montgomery) (plain error for failure to merge allied offenses)