968 N.E.2d 76 (Ohio Mun. 2012), 11TRC07742, State v. Crace

Docket Nº:11TRC07742.
Citation:968 N.E.2d 76, 168 Ohio Misc.2d 13, 2012-Ohio-2090
Opinion Judge:WILLIAM A. GRIM, Judge.
Party Name:The STATE of Ohio v. CRACE.
Attorney:James K. Stanley, Athens City Prosecuting Attorney, for plaintiff. William R. Biddlestone, Athens, for defendant.
Case Date:February 16, 2012
Court:Municipal Court of Ohio
 
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968 N.E.2d 76 (Ohio Mun. 2012)

168 Ohio Misc.2d 13, 2012-Ohio-2090

The STATE of Ohio

v.

CRACE.

No. 11TRC07742.

Athens Municipal Court, Ohio.

February 16, 2012

Page 77

James K. Stanley, Athens City Prosecuting Attorney, for plaintiff.

William R. Biddlestone, Athens, for defendant.

WILLIAM A. GRIM, Judge.

[168 Ohio Misc.2d 14] {¶ 1} This matter came on for hearing this 14th day of February, 2012, on defendant Jason Crace's motion to suppress. Defendant was present with his attorney William R. Biddlestone. The state of Ohio was represented by James K. Stanley. Upon consideration of testimony, the court finds as follows:

FACTS

{¶ 2} Defendant was the driver of a vehicle that crashed during the early evening hours of December 1, 2011. The crash scene was on State Route 56 about eight miles from Athens. The vehicle was not completely blocking the roadway when it came to rest.

{¶ 3} Ohio Highway Patrol Post 5 received a telephone call at 8:24 p.m. from Ohio Department of Natural Resources Officer Perko reporting that he had come upon the accident scene at 8:15 p.m. Ohio Highway Patrol Trooper Davis was dispatched and arrived on the scene at 8:34 p.m.

{¶ 4} Defendant admitted that he had been driving the vehicle but declined to give a statement as to the circumstances of the one-vehicle accident. Davis noted that although defendant said that he was not injured, he was unsteady. Davis also noted that he had a strong odor of an alcoholic beverage, slurred speech, and red, glassy, bloodshot eyes.

{¶ 5} On a properly conducted horizontal-gaze-nystagmus (" HGN" ) test, defendant scored six of six possible clues. Defendant attempted to begin the walk-and-turn test but was unable to maintain the opening heel-to-toe position and [168 Ohio Misc.2d 15] then refused to complete that test. Defendant also refused to attempt the one-leg-stand test and portable breath test.

{¶ 6} Defendant was arrested for operating a vehicle while under the influence of alcohol (" OVI" ), and properly advised of the consequences under R.C. 4511.192 of

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testing or refusing, and he refused to take an evidentiary breath test. This refusal occurred at 9:40 p.m.

{¶ 7} In writing the OVI citation, Davis noted the time of the violation as 8:00 p.m. There was no evidence presented to establish that precise time. The basis for that...

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