2011 Ohio 6655
Ohio Ct. App.2011Background
- Appellant Jesse Smole was convicted in Ashland Municipal Court of operating a motor vehicle with a prohibited breath alcohol concentration after a January 17, 2011 stop.
- Trooper Jackson stopped Smole for speeding (76 mph in a 55 zone) and observed him change lanes without signaling.
- Smole admitted having a beer; Trooper detected a strong odor of alcohol and red, glassy eyes.
- Field sobriety tests (HGN, walk-and-turn, one-leg stand) were administered; the State questioned the timing and adherence to testing standards.
- Smole moved to suppress the evidence arguing lack of probable cause; the motion was denied; Smole then pleaded no contest to the OBA charge and was sentenced.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest for OVI? | State contends totality of circumstances (speeding, odor, eyes, admission) supported probable cause even without tests. | Smole argues lack of standardized sobriety testing and insufficient evidence to establish probable cause. | Probable cause existed; suppression denied and conviction affirmed. |
Key Cases Cited
- State v. Homan, 89 Ohio St.3d 421 (2000) (probable cause analyzed under totality of circumstances; HGN not sole basis)
- State v. Schmitt, 101 Ohio St.3d 79 (2004) (field sobriety tests admissible if substantial compliance with testing standards)
- State v. Fanning, 1 Ohio St.3d 19 (1982) (framework for reviewing suppression rulings (facts, law, final issue))