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State v. Castro12/30/1999
This is an appeal from a judgment of the Ottawa County Municipal Court that found appellant guilty of driving under the influence of alcohol in violation of R.C. 4911.19(A)(1). For the reasons that follow, this court affirms the judgment of the trial court.
Appellant sets forth the following assignment of error:
"ASSIGNMENT OF ERROR
"THE TRIAL COURT ERRED TO THE PREJUDICE OF THE DEFENDANT-APPELLANT IN ALLOWING THE TESTIMONY OF TOM KELLOG (SIC) AND NURSE NANCY MERRICK IN VIOLATION OF THE PRIVILEGE ESTABLISHED BY LAW."
The facts that are relevant to the issues raised on appeal are as follows. On August 29, 1998, appellant was injured when his car left the road and overturned in a ditch. Appellant received emergency medical treatment at the scene and was taken to the hospital. Due to appellant's physical condition, the police were unable to administer any field sobriety tests at the scene. A state trooper stayed with appellant, who was conscious, in the emergency room. While at the hospital, appellant refused to submit to a blood-alcohol test. Appellant subsequently was cited for driving under the influence of alcohol in violation of R.C. 4511.19(A)(1). On October 14, 1998, appellant filed a motion to suppress evidence in which he asked the court to suppress tests of appellant's sobriety, including his refusal to submit to chemical tests, statements he made, and the observations and opinions of the officers who had contact with him following the accident. The trial court found appellant's motion not well-taken and the case proceeded to trial before a jury on February 26, 1999.
The state presented the testimony of Tom Kellogg, one of the emergency medical technicians who treated appellant at the scene of the accident, and Nancy Merrick, a nurse who treated appellant at the hospital. Kellogg testified that he responded to an auto accident call involving appellant at approximately 2:00 a.m. on August 29, 1998. When Kellogg arrived at the scene, he found appellant walking around and bleeding. Kellogg and the other emergency medical technicians talked to appellant but appellant yelled at them and would not allow them to treat him until more than ten minutes had passed. Kellogg testified that appellant was agitated and was yelling things that made no sense. Upon questioning by the rescue personnel, appellant eventually said that he had been driving the car and that there had been no passengers. Kellogg further stated that appellant's speech was slurred but understandable and that his eyes were glassy. Kellogg testified that he noticed the smell of alcohol and that, in front of at least three other emergency medical personnel, appellant said he had consumed five beers. Kellogg stated that appellant had no symptoms consistent with shock or head injury and that it was his opinion that appellant's behavior was consistent with alcohol intoxication.
Nancy Merrick testified that she was working as the night supervisor at the hospital the night appellant was brought to the emergency room. Another nurse assessed appellant as soon as he arrived and Merrick then took over. Merrick testified that appellant was uncooperative, belligerent and cursed a lot while she attempted to assess him. She stated that appellant would not lie still, that he tried to hit the nurses, and that he "reeked of alcohol." She further testified that she was not able to assess appellant's coordination because he was restrained on a back board. Merrick stated that in her opinion appellant was very intoxicated. She stated that during her examination of appellant, a doctor, another nurse, a lab technician, an x-ray technician and a police officer were in and out of the room. The jury fou
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