State v. Ross, 2013 Ohio 1488

Ross stopped in Wayne County by state trooper for suspected marked-lanes violation on May 29, 2011.
DUI charges dismissed; bench trial held on remaining charges.
Trial court found Ross guilty of marked-lanes violation and seatbelt violation; total fines and costs imposed.
Ross timely sought delayed appeal; appellate court granted and reviews single assignment of error.
Court reverses Ross’s conviction for marked-lanes violation due to insufficient evidence to prove he failed to ascertain safety prior to moving.
Dissent argues weighing of evidence should affirm, but majority reverses and remands for judgment of acquittal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the conviction for R.C. 4511.33(A)(1) is supported by the weight of the evidence	Ross contends Trooper credibility, Ross credibility, and video contradict the verdict	State argues evidence supports the conviction	Conviction not supported; reversed and acquittal entered

State v. Barner, 2004-Ohio-5950 (9th Dist. 2004) (evidence must show driver failed to ascertain safety before moving between or out of lanes)
State v. Mays, 119 Ohio St.3d 406 (2008) (driving outside lane for tiredness not a special circumstance to justify leaving lane; related to stop reason but not sufficiency)
State v. Hernandez, 2010-Ohio-2066 (10th Dist. 2010) (agrees with Barner on elements of 4511.33; defense/defense distinction discussed)
State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for reviewing sufficiency of evidence; rational trier of fact could convict)
State v. Cross, 2011-Ohio-3250 (9th Dist. 2011) (weight versus sufficiency deference to trial court in credibility assessment)
State v. Recklaw, 2008-Ohio-5444 (9th Dist. 2008) (weights and sufficiency interplay; requires evidence to weigh)
State v. Hodge, 2002-Ohio-3053 (7th Dist. 2002) (describes when tiredness may or may not justify leaving lane)