Background

• Trooper Hasler arrested Rospert for operating under the influence after Rospert drove off a narrow road and Rospert reported drinking four or five beers.
• Rospert moved to suppress the arrest evidence; the municipal court denied the motion and Rospert pleaded no contest.
• The court found Rospert guilty and sentenced him to 30 days in jail; Rospert appeals, arguing the arrest lacked probable cause.
• Appellate review is a mixed question of law and fact; the appellate court independently determines whether probable cause existed under the totality of the circumstances.
• Trooper Hasler observed Rospert with bloodshot/glassy eyes, flushed face, and odor of alcohol; Rospert admitted drinking and stated he had been driving after a crash; a HGN test yielded four of six clues; a portable breath test was deemed unreliable by the municipal court.
• The court held that the totality of the facts would cause a prudent person to believe Rospert operated under the influence, even without relying on the breath test or sobriety test results.

Issues

Key Cases Cited

• State v. Burnside, 100 Ohio St.3d 152 (Ohio Supreme Court 2003) (independent review of suppression findings; mixed law and fact)
• State v. Homan, 89 Ohio St.3d 421 (Ohio Supreme Court 2000) (totality of circumstances governs probable cause; can prevail without testimonial or field tests)
• State v. Schmitt, 101 Ohio St.3d 79 (Ohio Supreme Court 2004) (superseded on other grounds by statute; relevance to probable cause)
• City of Tallmadge v. Ragle, 2011-Ohio-5896 (Ninth Dist. 2011) (probable cause supports DWI arrest under similar facts)
• State v. Holnapy, 194 Ohio App.3d 444 (Ohio App. 2011) (describes factors supporting probable cause despite limitations on tests)
• State v. Ross, 2008-Ohio-1758 (Second Dist. 2008) (probable cause based on driver’s conduct and odor)