2013 Ohio 4144
Ohio Ct. App.2013Background
- At ~1:30 a.m., Trooper Joel Westhoven stopped Ashley Ruberg for driving 72 mph in a 45-mph zone.
- Ruberg produced her license without difficulty, exited the vehicle soberly, and admitted drinking earlier that day.
- Officer detected a smell of alcohol and noted Ruberg’s eyes were "a little red;" her speech was clear.
- Officer administered three field-sobriety tests: HGN (improperly administered), walk-and-turn (one clear clue plus stepping off line twice), one-leg-stand (performed successfully).
- Officer arrested Ruberg; breath test returned .116 g/210L. Trial court granted Ruberg’s motion to suppress for lack of probable cause; state appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had probable cause to arrest for OVI | Trooper’s observations (speeding, odor, red eyes, admission of drinking, indicators on sobriety tests, officer training/experience) supplied probable cause | Facts (no erratic driving, coherent speech, compliant behavior, only limited clues on properly administered tests, improper HGN) insufficient to establish probable cause | Trial court properly granted suppression; probable cause lacking |
Key Cases Cited
- State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (standard for probable cause to arrest for OVI)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (trial court’s factual findings on suppression reviewed for competent, credible evidence; legal standard reviewed de novo)
- State v. Phoenix, 192 Ohio App.3d 127 (Ohio Ct. App. 2010) (similar facts; held no probable cause where only minimal indicators of impairment)
- State v. Deters, 128 Ohio App.3d 329 (Ohio Ct. App. 1998) (probable-cause standard is objective)
- United States v. Davis, 458 F.2d 819 (D.C. Cir. 1972) (probable cause judged from vantage of reasonable officer guided by training/experience)