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State v. Stamper4/10/1995
CHRISTLEY, Presiding Judge.
This action entails two appeals from separate final judgments of the Ashtabula County Court. Under the first appeal, App. No. 94-A-0013, appellant, Harrison A. Stamper, seeks the reversal of his conviction for driving a motor vehicle while having a breath-alcohol concentration of .237 grams per two hundred ten liters of breath, in violation of R.C. 4511.19(A)(3). Under the second, 94-A-0044, he seeks the reversal of his conviction for driving while under a suspension, in violation of R.C. 4507.02(D).
On the evening of March 10, 1993, at approximately 9:30 p.m., appellant was operating his pickup truck on State Route 84 in Ashtabula County. Since it had been snowing, the road was covered with a small amount of snow. As a result, the road was somewhat slippery.
As appellant was travelling east, he was passed by a state highway patrol car travelling in the opposite direction. As the two vehicles were passing, the officer in the patrol car saw appellant's truck momentarily go off the right side of the road. Accordingly, the officer turned his vehicle around and began to follow appellant.
Before the officer could overtake the pickup truck, appellant turned onto Centennial Road. When the officer arrived at the intersection of Centennial and State Route 84, he could see from the tracks in the snow that a vehicle had fishtailed while turning from State Route 84 onto Centennial. Since a second vehicle had been following appellant when he made the turn, the officer was not certain whether appellant's truck had made the fishtail tracks. However, dusthe nature of the tracks, the officer thought that the tracks had probably been made by the truck.
The officer eventually was able to overtake appellant at the intersection of Centennial and Eastwood Road. After stopping at the intersection, appellant again began to travel north on Centennial. As appellant was starting to drive through the intersection, the officer saw the back of the pickup truck fishtail. From his perspective behind appellant, the officer thought that appellant had accelerated too quickly for the snowy conditions.
The officer continued to follow appellant north on Centennial. Since the other vehicle following appellant had turned at the previous intersection, the officer was able to travel directly behind appellant's truck. Although the road in question did not have any traffic lines, the officer could see that appellant's truck was not the officer could see that to travelling completely on the right side of the road, appellant was consistently driving left of center.
Appellant stopped his truck it a red light located at the intersection of Centennial and State Route 20. As appellant began to drive through this intersection, the officer again saw the back of the truck fishtail. Accordingly, as appellant was turning into a parking lot located near the intersection, the officer activated his pursuit lights and initiated an investigative stop.
Upon having appellant exit the truck, the officer asked him to perform two field sobriety tests. As appellant was attempting to perform the second test, he stated to the officer that it was not necessary to do the tests because he was "drunk." As a result, the officer placed appellant under arrest and drove him to the local patrol post, where a breath test was administered. The results of this test indicated that the level of alcohol concentration in appellant's breath was .237 grams per two hundred ten liters.
Based upon the foregoing incident, appellant received four citations: (1) driving while under the influence of alcohol, under R.C. 4511.19(A)(1)
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