State v. Williams
968 N.E.2d 1038
Ohio Ct. App.2011Background
- On August 8, 2010, Officer Moore encountered a disabled vehicle on southbound I-71 in Cincinnati; Williams approached the officer.
- Officer Moore detected a slight to moderate odor of alcohol and observed bloodshot eyes on Williams.
- Williams could not produce a driver’s license, claimed to be 20, and disclosed three open capiases; he admitted drinking the night before.
- A portable breath test was administered; Williams was arrested and transported to the police station, where he submitted to a breath test yielding .022 g/210 L.
- Williams was charged with operating a motor vehicle after underage alcohol consumption under R.C. 4511.19(B)(3); he moved to suppress the breath test results, his statements, and officer observations.
- The trial court granted the suppression motion; the city appealed, arguing probable cause supported the arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was probable cause to arrest Williams for underage DUI | Williams | Williams | Probable cause not shown; arrest affirmed |
Key Cases Cited
- State v. Carroll, 2008-Ohio-6832 (1st Dist. 2008) (underage DUI probable cause; per se limit .02 suffices)
- Texas v. Brown, 460 U.S. 730 (1983) (probability-based inference in probable cause)
- United States v. Cortez, 449 U.S. 411 (1981) (probabilities and common-sense conclusions in law enforcement)