State v. Parks, 2013 Ohio 2492

At about 3:00 a.m. on August 5, 2012, Officer Colles observed Parks’ tire crossing the fog line while patrolling in Pataskala.
Colles pulled Parks over, activated lights, and Parks drove into a driveway and stopped, turning off her lights.
Colles detected a slight odor of alcohol and noted slurred alphabet recitation and other signs during questioning.
Parks performed SFSTs (HGN, walk-and-turn, one-leg stand) with Colles noting impairment clues.
Parks was arrested for O.V.I., read the Miranda/BMV forms, and later refused a breath test, with a request to consult an attorney.
The trial court suppressed the maximum deviation portion of the HGN test and ruled that Parks’ request to speak with an attorney did not constitute a refusal to test; the State appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether suppression of the HGN maximum deviation was correct	Parks—suppression of the maximum deviation portion was erroneous	State—maximum deviation should be admissible under substantial compliance	HGN maximum deviation portion suppressed
Whether excluding breath-test evidence for a refusal was proper	Parks’ good-faith request to consult counsel should preclude exclusion	Griffith authority allows admission despite lack of counsel before testing	Exclusionary remedy improper; admissibility or weight determined on remand

State v. Brooks, 75 Ohio St.3d 148 (1996) (trial court findings given deference; standard for suppression review)
State v. Medcalf, 111 Ohio App.3d 142 (1996) (competent evidence for factual findings in suppression)
State v. Williams, 86 Ohio App.3d 37 (1993) (independently determine legal standard under suppression ruling)
State v. Curry, 95 Ohio App.3d 93 (1994) (apply correct law to findings in suppression review)
State v. Griffith, 74 Ohio St.3d 554 (1996) (exclusion not remedy for statutory right to counsel in O.V.I.)
Dobbins v. Bureau of Motor Vehicles, 75 Ohio St.3d 533 (1996) (right to counsel not a critical stage for chemical tests)