 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Livengood3/14/2003
Judgment: Affirmed.
. Jeffrey Livengood ("appellant") appeals the decision of the Mentor Municipal Court. In that decision, the trial court found appellant guilty of driving under the influence of alcohol, a violation of R.C. 4511.19(A)(1), after appellant's motion to suppress was denied. For the following reasons, we affirm the decision of the trial court in this matter.
. The following testimony occurred at the February 4, 2002 suppression hearing. A citizen-informant testified that on November 2, 2001, she and her husband were turning onto Mentor Avenue in their Ford Focus when they were cut-off by appellant's vehicle. As a result of being cut-off, they were forced to swerve into another lane. As appellant proceeded down Mentor Avenue, the couple observed appellant's vehicle continue to swerve, switch lanes, and cut-off several other vehicles. Based on their observations, the couple decided to call 911 and report that appellant was "swerving, going from lane to lane, driving really fast, and cutting people off."
. The citizen informant also testified that during the course of their 911 call, she and her husband were able to correctly identify appellant's vehicle as a dark colored Ford Station Wagon with Georgia license plates, as well as correctly identify the vehicle's license plate number. The dispatcher then advised the couple "not to lose the vehicle" they were following. Adhering to the dispatcher's instructions, the couple then followed appellant to a BP gas station located at the corner of Mentor Avenue and Center Street. Officer Knupsky of the Mentor Police Department also testified that he was informed by the dispatcher of what the couple had reported and proceeded to the BP gas station.
. Officer Knupsky testified at the suppression hearing that when he arrived at the BP station, he immediately observed appellant's vehicle illegally parked "on the hash spot right in front of the door at BP." Officer Knupsky also noted that this is a violation of Mentor City Ordinance 75.07. Officer Knupsky then initiated an investigatory stop.
. As Officer Knupsky approached appellant, he noticed appellant's eyes were "glassy and bloodshot, *, I believe he had a cell phone in one hand and he was smoking a cigarette." Officer Knupsky also noted appellant was seated inside the vehicle and "the keys were in the ignition, still." Officer Knupsky then instructed appellant to put down the cell phone and put out his cigarette. Once the air had cleared from appellant's cigarette, Officer Knupsky "started smelling an odor of alcoholic beverage on his (appellant's) breath." When Officer Knupsky asked appellant if he had been drinking, appellant admitted to having "two drinks, or two beers maybe it was."
. Subsequently, Officer Knupsky "asked appellant for his license." As appellant attempted to produce his license, Officer Knupsky noted that "he had a little difficulty getting the license out of his wallet, he had to fumble with it for a few seconds." After receiving the license, Officer Knupsky then asked appellant "to perform some field sobriety tests." The record indicates Officer Knupsky gave appellant the Finger-to-Nose, One Legged Stand, Walk-and-Turn, and HGN sobriety tests. It is uncontroverted that appellant failed each and every field sobriety test that he was asked to perform. Officer Knupsky then placed appellant under arrest for driving under the influence of alcohol. In addition to being charged with Driving Under the Influence, a violation of R.C. 4511.19(A)(1), appellant subsequently registered a .185 on his Breathalyzer test and also incurred a BAC charge, a violation of R.C 4511.19(A)(3).
. The trial cou
Page 1 2 3 4 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|