2021 Ohio 156
Ohio Ct. App.2021Background
- Trooper observed Brandon C. Scott driving 62 mph in a 35 mph zone, initiated a traffic stop, and noted abrupt turn into a strip-mall area.
- Trooper detected strong odor of alcohol, bloodshot/glassy eyes, broken/slurred speech, inconsistent answers, and claimed Scott said he was going to Reynoldsburg though he was driving opposite that direction.
- Officer administered standardized field sobriety tests: HGN (6/6 clues), VGN present, walk-and-turn (6/8 clues), one-leg stand (3/4 clues); Scott told the officer he had taken Percocet earlier and had a prior leg injury.
- Scott was arrested, refused a chemical test after contacting counsel, and the State introduced a certified 2011 OVI conviction.
- Jury convicted Scott of OVI and refusal; trial court merged offenses for sentencing and imposed fines, license suspension, and jail/probation. Scott appealed, arguing insufficiency and manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/manifest weight of evidence for OVI | Trooper observed objective indicia of impairment (odor, eyes, speech), SFST results, confused answers; jury could find guilt beyond reasonable doubt | Only speeding and minor conduct; coherent, could produce license, no gross motor problems before tests; physical limitations and test deviations undermine SFSTs; refusal followed counsel/insult | Affirmed: evidence sufficient; jury credited trooper; conviction not against manifest weight |
| Admissibility/weight of SFSTs and officer's observations | Officer substantially complied with NHTSA guidelines; tests and lay observations corroborate impairment | Officer admitted slight timing deviations; prior leg injury affected performance, so SFST reliability impaired | Held SFSTs admissible under substantial-compliance standard; officer’s lay observations independently supported conviction |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sets sufficiency-of-the-evidence standard)
- State v. Thompkins, 78 Ohio St.2d 541 (1997) (defines manifest-weight review)
- State v. Yarbrough, 95 Ohio St.3d 227 (2002) (trier of fact determines witness credibility)
- State v. Cunningham, 105 Ohio St.3d 197 (2004) (testimony of a single witness can support conviction)
- State v. Schmidt, 101 Ohio St.3d 79 (2004) (officer may testify as lay witness about apparent intoxication)
- Columbus v. Mullins, 162 Ohio St. 419 (1954) (lay testimony about intoxication is generally admissible)