State v. Wayman
2019 Ohio 1194
Ohio Ct. App.2019Background
- Defendant Brian Wayman was indicted for operating a vehicle while under the influence (R.C. 4511.19(A)(1)(a)) after being found passed out in the driver’s seat with the vehicle running, in gear, stopped halfway on pavement and grass, and an open 16 oz. beer in the console.
- Officer observed signs of impairment: moderate alcohol odor, bloodshot/glassy eyes, slurred speech; Wayman admitted drinking earlier and later admitted he would test positive for marijuana; vehicle search recovered items that tested positive for heroin and fentanyl.
- Wayman performed standardized field sobriety tests and exhibited multiple clues of impairment on each test.
- At bench trial Wayman conceded he snorted heroin/fentanyl in the vehicle but argued he snorted it only after parking (i.e., he was not under the influence while "operating" the vehicle as defined by R.C. 4511.01(HHH)).
- Trial court rejected Wayman’s timing/credibility claim based on circumstantial evidence (vehicle location/condition, witness observations, items found, short window to crush/snort and stow drugs) and found he used drugs before or while driving; sentenced to 36 months imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State proved defendant "operated" a vehicle while under the influence | State: Circumstantial & direct evidence (vehicle running/in gear, location, witness observations, sobriety clues, drugs present) show Wayman operated while impaired | Wayman: He snorted heroin/fentanyl only after parking, so he was not under the influence while operating | Court: Affirmed — sufficient evidence supports that Wayman operated while under the influence |
| Whether conviction was against the manifest weight of the evidence | State: Credible officer/witness testimony and physical evidence support guilt | Wayman: Trial court miscredited witness testimony and relied on an incorrect factual finding | Court: Rejected — trier of fact did not clearly lose its way; verdict not against manifest weight |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency review)
- State v. Kirkland, 140 Ohio St.3d 73 (Ohio 2014) (deference to trier of fact on credibility and weight)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinction between sufficiency and manifest weight of the evidence)