State v. Wysin
2013 Ohio 5363
Ohio Ct. App.2013Background
- Officer observed Wysin cross the dotted line on two occasions for 10–15 seconds each, at approximately 2:00 a.m. on SR 43.
- Stickers on Wysin’s license plate were mislocated and partially obscured by a bracket.
- Officer stopped Wysin after observing lane infractions and the stop occurred at SR 43 and Edson Road.
- Wysin was charged with OVI (A1H), and related offenses, with multiple prior OVIs noted.
- Wysin pleaded Not Guilty at arraignment and later No Contest to the OVI charge; other charges were dismissed.
- A motion to suppress was denied after a suppression hearing, with the court crediting the officer’s observations from dash-cam and testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court validly amend the charge sua sponte under Crim.R. 7(D)? | Wysin: amendment altered the offense identity. | Wysin: amendment changed degree/penalty; not allowed. | No reversible error; amendment did not alter the offense identity; notice satisfied. |
| Was the suppression denial supported by probable cause/credibility of the stop? | State: officer had probable cause based on lane violations. | Wysin: officer credibility issues; stop lacking probable cause. | Yes; findings supported; stop warranted and credible testimony upheld. |
Key Cases Cited
- State v. Barnes, 94 Ohio St.3d 21 (2002) (plain-error standard for Crim.R. 52(B))
- Bellville v. Kieffaber, 114 Ohio St.3d 124 (2007) (notice sufficiency under Traffic Rules; elements known to defendant)
- Barberton v. O’Connor, 17 Ohio St.3d 218 (1985) (describes notice sufficiency on traffic tickets)
- State v. Allen, 29 Ohio St.3d 53 (1987) (prior convictions in sentencing; not always elements of offense)
- State v. Brooke, 113 Ohio St.3d 199 (2007) (prior convictions and penalty enhancements; effect on offense degree)
- Mentor v. Molk, 2011-Ohio-3120 (2011) (prior convictions as sentencing enhancement, not element of offense)