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State v. Reymann1/4/1989
Cacioppo, J.
Defendant-appellant, Jerry Reymann, appeals his convictiosfor failing to stop after an accident to exchange identity and vehicle registration ("hit-skip"), in violation of Akron City Code Section 73.30, a misdemeanor.
On the evening of March 12, 1988, Akron Police Officer Glenn McHenry was dispatched to 1930 Garden Court on a call reporting a fight and gunshots. When McHenry arrived, he discovered eight or ten people in a parking lot engaged in a loud argument. In his attempt to discover information about the gun, McHenry spoke with several people and learned that there was no gun involved, nor was there a fight going on. Instead, the reason for the commotion was a traffic accident that had occurred elsewhere.
John Fate told McHenry that he had two passengers in his car when he was hit by Reymann's vehicle at the intersection of Massillon and State Roads. Fate told McHenry that he chased Reymann to the Garden Court address in an attempt to talk to him about the accident. McHenry spoke with Fate and the passengers about the details of the accident and the whereabouts of the hit-skip driver. The witnesses showed McHenry the vehicles involved and McHenry observed some brown paint on the right front corner of defendant's vehicle. The witnesses then pointed out Reymann, who was on his way up the stairs of an apartment building.
McHenry went to the apartment door and knocked. When there was no response, he told Reymann through a window that he had enough information to charge him with hit-skip, and if need be, he would get a warrant and break down the door. Reymann then opened the door and let McHenry in. McHenry first asked Reymann if he had a driver's license. Reymann responded that he did not, and refused to give his name and social security number. At that point, he was placed under arrest for the hit-skip violation as well as failure to keep an assured clear distance, a violation of Akron City Code Section 73.20.
While escorting Reymann to the patrol car, McHenry observed Reymann's appearance, speech, balance, and an odor of beer about Reymann's person, and thereafter charged Reymann with driving under the influence , Akron City Code Section 73.01(A)(1). Reymann never admitted to driving a vehicle.
Reymann filed motions to dismiss and suppress evidence based on a lack of probable cause to arrest for the hitskip. The motions were directed toward the DUI charge. An oral hearing was held on the motions, at which McHenry testified to the events which led to the defendant's arrest. The trial court denied the motions and Reymann requested findings of fact and conclusion of law, which the trial court then issued.
The trial court found that although McHenry did not observe the accident, the arrest was valid because it was based on the statements of the witnesses and McHenry's observation of the damage to the vehicles. In its conclusion of law, the trial court stated:
"The following ruling of the Court is based on the original Motion for Driving While Under the Influence. The motion was not specifically directed toward the unlawful arrest in the Hit-Skip. However, the Court finds that in both instances, a warrantless arrest was proper and with probable cause based on the statements of the prosecuting witnesses as sufficient evidence of probable cause."
Reymann then entered into a plea bargain whereby the prosecution agreed to dismiss the driving under influence and assured clear distance charges in exchange for pleas of no contest to the charges of hit-skip and suspended operator's license. Reymann was found guilty of the latter two charges, and now appeals from the
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