State v. Nethers
2012 Ohio 5198
Ohio Ct. App.2012Background
- Appellant was stopped for a marked lanes violation; officer smelled alcohol and Appellant admitted consuming two glasses of wine before driving.
- Appellant showed bloodshot eyes and had difficulty retrieving ID and insurance, prompting field sobriety testing (non-standardized due to hip injury).
- Appellant consented to a breath test; BAC DataMaster result was .126; Appellant was transported to the police department for testing.
- Appellant moved to suppress field sobriety tests, arrest for lack of probable cause, and BAC results on Oct. 13, 2011; trial court excluded field sobriety tests for lack of proper testing standard and noncompliance with the NHTSA manual.
- Officer calibration issues arose: the specific BAC DataMaster had been printing incorrect dates/times for weeks, though the officer who performed Appellant’s test did not calibrate that instrument.
- On March 14, 2012, Appellant pleaded no contest to OVI, prohibited breath level over .08, and a marked lanes violation; the issue on appeal concerns probable cause and substantial compliance of the breath test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest for OVI | State contends totality of circumstances supported probable cause. | Nethers argues lack of probable cause due to suppressed evidence and testing issues. | Probable cause for arrest affirmed; trial court did not err. |
| Substantial compliance of the BAC DataMaster | State showed calibration, proper refrigeration, and valid certification; tests complied. | Nethers argues lack of evidence of proper checks and handling; no proof of substantial compliance. | Substantial compliance established; BAC results admitted; suppression denied. |
Key Cases Cited
- State v. Hudepohl, 2011-Ohio-6917 (Ohio 2011) (addressed instrument-specific permits vs. operator permits)
- State v. Fanning, 1 Ohio St.3d 19 (Ohio 1982) (standard of review for findings of fact in suppression)
- State v. Klein, 73 Ohio App.3d 486 (Ohio 1991) (analysis framework for suppression rulings)
- State v. Curry, 95 Ohio App.3d 93 (Ohio 1994) (independent determination of legal standards in suppression)