2022 Ohio 2667
Ohio Ct. App.2022Background
- In Aug. 2020 Waters was indicted on two counts of aggravated vehicular homicide and two counts of OVI; specifications alleged he lacked a valid driver’s license.
- Surveillance and eyewitnesses showed Waters’s car ran a light, was struck by a turning truck, spun into a pole; his rear-seat passenger (his aunt) later died.
- At the scene officers smelled alcohol on Waters, observed bloodshot eyes and belligerent behavior, detained him in a squad car, and requested accident-investigation officers.
- Detective Moten administered standardized field sobriety tests (HGN, walk-and-turn, one-leg stand); Moten observed multiple impairment clues.
- Waters was arrested and later tested on an Intoxilyzer 8000; BAC = .172. He moved to suppress (challenging the stop/detention, HGN administration, Miranda, and breath-testing procedures).
- Trial court denied the suppression motion; Waters pleaded no contest and received an aggregate minimum term of 6 years (maximum 9 years) under the Reagan Tokes Law. He appealed, challenging suppression rulings and counsel’s failure to object to Reagan Tokes’ constitutionality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable suspicion to detain and request FSTs | Officers point to odor of alcohol, bloodshot eyes, slurred speech, belligerence, eyewitness accounts; these facts support reasonable suspicion | Waters: his trauma-driven behavior should not be treated as intoxication; odor alone insufficient | Court: Totality of circumstances (odor, appearance, admissions, behavior, eyewitness reports) supported reasonable suspicion to perform FSTs |
| Substantial compliance with NHTSA for FSTs (HGN pretests/reporting) | State: Moten is trained, testified to procedures, and video corroborates test administration; minor deviations do not defeat substantial compliance | Waters: Moten failed to ask about eye/health issues and did not document pretests, violating NHTSA guidelines for HGN | Court: Minor deviations did not defeat substantial compliance; video, testimony, and other test clues suffice; even excluding HGN, other FST clues established probable cause |
| Miranda/custodial interrogation | State: Even if warnings omitted, independent observations and FST results provided probable cause; statements were not necessary to arrest | Waters: Being confined in cruiser for 30–40 minutes made encounter custodial and required Miranda warnings for his statements | Court: Even assuming suppression of statements, probable cause existed from observations and FST results; suppression would not change outcome |
| Ineffective assistance for failing to object to Reagan Tokes constitutionality | State: The district’s en banc precedent upholds Reagan Tokes; objection would not have changed outcome | Waters: Counsel was ineffective for not objecting to an allegedly unconstitutional sentencing scheme | Court: Under State v. Delvallie, Reagan Tokes is valid; Waters cannot show prejudice from counsel’s failure to object |
Key Cases Cited
- Burnside v. State, 797 N.E.2d 71 (Ohio 2003) (standard for appellate review of suppression rulings: accept factual findings if supported but review legal conclusions de novo)
- Hawkins v. State, 140 N.E.3d 577 (Ohio 2019) (appellate standard for reviewing mixed questions of law and fact in suppression appeals)
- Fanning v. State, 437 N.E.2d 583 (Ohio 1982) (trial court factual findings must be accepted if supported by competent, credible evidence)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable-suspicion standard for investigatory stops)
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (custodial interrogation requires warnings to protect Fifth Amendment rights)
- State v. Delvallie, 185 N.E.3d 536 (Ohio Ct. App. 2022) (Eighth District en banc decision upholding the Reagan Tokes sentencing framework)