2017 Ohio 2686
Ohio Ct. App.2017Background
- At ~2:20 a.m. on Aug. 10, 2015, Officer Burian observed Amanda Terry cross lane markers and later drift between lanes; he initiated a traffic stop.
- Officer detected strong odor of alcohol, glassy/watery eyes, slurred speech, fumbling with wallet; Terry had two prior OVI convictions.
- Terry performed HGN, Walk-and-Turn, One-Leg Stand, and a finger-to-nose test; officer concluded impairment and arrested her; Terry refused breath test.
- Terry submitted medical records (assault history, PTSD, facial fractures, VA psychologist note claiming inability to form mouth around breath tube) but VA employees did not testify; parties stipulated medical records into evidence.
- Trial court denied Terry’s motion to suppress and denied her motion to compel VA testimony; court convicted Terry of failure to maintain lanes (city ordinance), OVI (with prior), and refusal to submit to test.
- On appeal, Terry argued (1) insufficiency/manifest weight of evidence for OVI and refusal, (2) Sixth Amendment violation for denial of VA witnesses, and (3) suppression error because field tests/administration were compromised by medical conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency / manifest weight of evidence for OVI and refusal | State: evidence (lane violations, odor, appearance, slurred speech, poor FST performance, prior OVI, refusal) supports convictions | Terry: medical conditions explained poor FST performance and she did not actually refuse breath test due to inability | Court: Evidence sufficient; convictions not against manifest weight; affirmed |
| Right to compulsory process / VA witnesses | State: trial court acted within discretion; VA procedures must be followed | Terry: court should have compelled VA doctor/psych to testify to support medical defense | Court: Terry failed to comply with VA procedural requirements; no Sixth Amendment violation shown; no prejudice where records were stipulated; affirmed |
| Motion to suppress / validity of stop | State: officer observed traffic violations giving reasonable suspicion to stop | Terry: medical conditions and alleged noncompliance with NHTSA procedures undermined probable cause | Court: Two lane violations provided reasonable suspicion; FSTs conducted properly; medical claims uncorroborated at suppression hearing; probable cause existed; denied |
| Substantial compliance with NHTSA FST standards and effect of medical evidence | State: officer complied with procedures; FST results indicative of impairment | Terry: medical impairments prevented proper performance and should exclude FSTs | Court: trial court credited officer testimony over defendant; medical records did not show ongoing incapacity to perform FSTs; results admissible |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (police may briefly stop and investigate on reasonable, articulable suspicion)
- Ornelas v. United States, 517 U.S. 690 (1996) (mixed question review—de novo review of legal conclusions in Fourth Amendment rulings)
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (distinction between sufficiency and manifest-weight review)
- Dennis v. Ohio, 79 Ohio St.3d 421 (1997) (standard for sufficiency review: whether any rational trier of fact could find guilt beyond reasonable doubt)
- Martin v. Ohio, 20 Ohio App.3d 172 (1983) (manifest-miscarriage-of-justice standard for reversing convictions on weight grounds)