State v. Ragle
2012 Ohio 4253
Ohio Ct. App.2012Background
- One-car Tallmadge crash in May 2010 leading to OVI, failure to maintain control, BAC, and underage possession charges.
- Ragle moved to suppress blood-draw evidence, asserting lack of probable cause, incapacity to consent due to injuries, and noncompliance with OAC 3701-53-05.
- Trial court denied suppression, finding probable cause, voluntary consent, and substantial compliance with OAC 3701-53-05.
- Ragle changed plea to no contest; court sentenced 180 days (174 suspended) with drivers-intervention and conditions for one year.
- Court of Appeals later sustained suppression issue, vacated BAC conviction, and remanded for further proceedings; merged BAC with OVI and vacated the BAC sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the blood test admissible under OAC 3701-53-05(C)? | Ragle argues no substantial compliance; evidence failed to show sterile dry needle and solid anticoagulant. | State contends substantial compliance demonstrated by kit and procedures. | First assignment sustained; suppression of blood-test results affirmed. |
| Did Officer have probable cause to arrest for OVI? | Ragle asserts lack of probable cause. | State contends totality of circumstances supported probable cause. | Second assignment overruled; probable cause existed. |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (Ohio Supreme Court, 2003) (threshold admissibility of alcohol-test results; regulator compliance burden shifting)
- State v. Thompson, 9th Dist. No. 11CA0112-M, 2012-Ohio-2559 (9th Dist., 2012) (substantial compliance can be shown by witnesses with proper protocol)
- State v. Slates, 9th Dist. No. 25019, 2011-Ohio-295 (9th Dist., 2011) (addressed subst. compliance with OAC 3701-53-05; boilerplate challenges insufficient)
- State v. Balog, 9th Dist. No. 08CA0001-M, 2008-Ohio-4292 (9th Dist., 2008) (review of suppression credibility and standard of review on discovery of evidence)