2011 Ohio 5896
Ohio Ct. App.2011Background
- Ragle crashed his truck; officer found him unconscious with strong odor of alcohol and a beer case with two cans missing.
- Ragle was cited for DUI and operating without reasonable control; blood drawn at hospital showing 0.185 BAC and a second DUI citation issued.
- Ragle moved to suppress the evidence arguing lack of probable cause and improper blood draw; municipal court denied; Ragle pleaded no contest.
- Ragle challenges suppression and blood-draw issues on appeal; the city argues probable cause existed and the blood draw complied or harmless error.
- The court holds probable cause supported arrest; blood-draw error harmless due to merger; merger requires vacating BAC-count sentence; judgment affirmed in part and sentence vacated in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest for DUI | Ragle: no probable cause | Ragle: not enough facts | Probable cause existed |
| Blood draw compliance and harmless error | Ragle: not substantial compliance | City: harmless error due to merger | Harmless error; need not resolve substantial compliance |
| Merger timing and sentencing | Ragle: sentencing proper before/after merger | City elects offense; merger before sentencing | Vacate BAC-count sentence; merger appropriate before sentencing |
Key Cases Cited
- State v. Burnside, 100 Ohio St.3d 152 (Ohio 2003) (standard for review of suppression; mixed law/fact; independent legal review)
- State v. Homan, 89 Ohio St.3d 421 (Ohio 2000) (totality of circumstances for probable cause; no need for field sobriety tests)
- State v. Gapen, 104 Ohio St.3d 358 (Ohio 2004) (merger of allied offenses; sentencing principles)
- State v. Damron, 129 Ohio St.3d 86 (Ohio 2011) (merge crimes before imposition of sentence; elect offense on which to sentence)
- State v. Powell, 49 Ohio St.3d 255 (Ohio 1990) (harmless error when merged count)