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City of Mayfield Heights v. Parker3/27/2003
DATE OF ANNOUNCEMENT OF DECISION MARCH 27, 2003
JUDGMENT: AFFIRMED.
. Defendant-appellant Karen C. Parker ("Parker") appeals from her plea of no contest to the following municipal offenses: (1) driving under the influence of alcohol; (2) failing to drive within lanes of continuous travel; (3) failing to signal before changing course; and, (4) failing to wear a seat belt. For the reasons adduced below, we affirm.
. A review of the record on appeal indicates that the offenses in question occurred on April 23, 2001 at approximately 1:50 a.m. in the city of Mayfield Heights, Ohio.
. The arresting officer, Mayfield Heights Patrolman Anthony Rotunno, III, testified at the hearing on the defense motion to suppress (which was concerned with the issue of automatic license suspension) that, at the time indicated above, he was on basic patrol in the vicinity of the intersection of Mayfield and SOM Center Roads. He observed Parker's vehicle traveling eastbound on Mayfield Road from the Goldengate Shopping Plaza to SOM Center Road. Rotunno's attention was drawn to Parker's vehicle because it was repeatedly weaving beginning just east of Goldengate Plaza at the overpass for Interstate 271. Rotunno proceeded to drive behind Parker's vehicle and observed Parker's vehicle come very close to striking the curb in the median, touching the white dividing stripes with her wheels, and drifting once into the right through lane. At the intersection of Mayfield and SOM Center Roads, the officer observed Parker's vehicle, from the left lane of two turning lanes, stop for a red light before turning northbound onto SOM Center Road. Parker's vehicle, without regard to other potential traffic (which was minimal at that time of the morning), then merged into the right lane during the turn without signaling a lane change. At that point, Rotunno initiated a stop of Parker's vehicle by activating his overhead emergency lights. Parker's vehicle continued traveling so Rotunno activated his siren a few times; this prompted Parker to stop her vehicle by pulling into the parking lot of Eastgate Shopping Plaza, traveling through the lot until stopping in front of the CVS store.
. Rotunno approached Parker's vehicle and advised her of the reason for the stop. Rotunno testified that he immediately smelled the odor of alcohol emanating from the vehicle and Parker's breath. Rotunno asked for Parker's license and proof of insurance; Parker fumbled through her purse and told Rotunno that she did not have them. Rotunno asked her if she had been drinking; Parker replied that she had consumed one glass of wine.
. Rotunno next attempted to administer a series of field sobriety tests to Parker, including the one leg stand, the nine step walk and turn, the horizontal gaze and nystagmus test, and the finger to the nose test.
. Parker complained of a right leg problem when asked to perform the leg stand test, so Rotunno asked her to use her left leg; Parker refused to do the test.
. When asked to perform the nine step walk and turn test, Parker began the test but failed midway through after only a few steps, ultimately refusing to do the test.
. When asked to perform the finger to nose test, Parker failed to follow the instructions given her, opening her eyes and asking numerous questions during the test, and failed the test.
. When asked to perform the horizontal gaze and nystagmus test, during which the subject keeps her hands on her cheeks and then follows the tip of a pen with her eyes as the pen moves in her field of vision, she failed.
. At that point Rotunno, based on the odor of alcohol, the w
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