2019 Ohio 2122
Ohio Ct. App.2019Background
- At ~12:45 a.m. on June 23, 2018, Trooper Adam Dickerson observed Jennifer Neitzel’s vehicle “bouncing” within its lanes on U.S. 33 and initiated a traffic stop for a marked lanes violation. Video of the stop was admitted at the suppression hearing.
- Trooper testified the vehicle touched the right fog line three times and the center line twice within ~30 seconds, but also conceded no tire fully crossed either line and there were short intervals of normal driving.
- Neitzel moved to suppress all evidence, arguing the stop lacked reasonable and articulable suspicion because she never fully crossed a marked lane as required for a R.C. 4511.33 violation.
- The trial court denied the motion to suppress, finding the repeated touching of lines within a short period constituted erratic driving supplying reasonable suspicion.
- Neitzel pleaded no contest to OVI (R.C. 4511.19(A)(1)(a)), was convicted, sentenced (jail term largely suspended, one-year license suspension, community control), and appealed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was justified by reasonable and articulable suspicion of a marked-lanes violation | Trooper observed weaving and repeated contact with lane lines, which under the totality of circumstances gave reasonable suspicion to stop | Because no tire ever completely crossed a marked lane line, there was no marked-lanes violation and thus no lawful basis for the stop | Affirmed: court held repeated touching/drifting in short time constituted erratic driving and provided reasonable suspicion to stop |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes that an investigative stop is valid if based on reasonable, articulable suspicion)
- Maumee v. Weisner, 87 Ohio St.3d 295 (Ohio 1999) (reasonable suspicion standard for traffic stops)
- Dayton v. Erickson, 76 Ohio St.3d 3 (Ohio 1996) (observed traffic violation justifies stop)
- State v. Bobo, 37 Ohio St.3d 177 (Ohio 1988) (totality of circumstances governs investigative stop analysis)
- State v. Evans, 67 Ohio St.3d 405 (Ohio 1993) (observed traffic violations support stops)
- State v. Carlson, 102 Ohio App.3d 585 (Ohio App. 1995) (officer need only have reasonable suspicion, less than probable cause)