Upper Arlington v. Wissinger
2014 Ohio 1601
Ohio Ct. App.2014Background
- City of Upper Arlington appeals a trial court suppression order suppressing Wissinger's breath-test results and related evidence from a June 9, 2013 traffic stop.
- Wissinger was charged with OVI, OVI per se, and expired-tags violation; case later moved from Mayor's Court to Franklin County Municipal Court.
- Officer Bromelia observed expired tags via random registration check, then followed Wissinger after two questionable turns and initiated a stop.
- During the stop, officer smelled alcohol, Wissinger had glassy/bloodshot eyes and admitted drinking three beers; field sobriety tests were later administered.
- HGN test instructions were challenged as inadequate; Wissinger was arrested based on DUI indicators and sobriety test results, which the suppression court found lacked probable cause.
- The appellate court held there was no error in suppressing the evidence, affirming the trial court’s determination Wissinger lacked probable cause to arrest for OVI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable suspicion for stop for expired tags | Wissinger argues stop supported by expired tags gave reasonable suspicion. | City contends stop was valid for expired tags; evidence should not be suppressed. | Trial court properly found reasonable suspicion; no reversal. |
| Probable cause to arrest for OVI | City asserts totality of circumstances supported probable cause to arrest. | Wissinger argues lack of impairment evidence and improper HGN instructions undermine probable cause. | Trial court properly concluded lack of probable cause to arrest for OVI; suppression affirmed. |
Key Cases Cited
- State v. Homan, 89 Ohio St.3d 421 (2000) (probable cause and totality of circumstances in OVI cases)
- State v. Mendoza, 2009-Ohio-1182 (Ohio Ct. App. 2009) (Fourth Amendment, stop validity and exclusionary rules)
- State v. Montelauro, 2011-Ohio-6568 (10th Dist. 2011) (totality of circumstances for probable cause to arrest)
- State v. Morgan, 2006-Ohio-5297 (10th Dist. 2006) (deference to officer observations; video corroboration)
- Columbus v. Weber, 2007-Ohio-5446 (10th Dist. 2007) (avoid substituting trial court judgment for officer; HGN admissibility)
- State v. Gray, 2002-Ohio-4328 (10th Dist. 2002) (suppression when HGN is improperly administered and other tests inconclusive)