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City of Stronsville1/16/2003
JUDGMENT: Affirmed.
. Defendant-appellant Dominic A. Minnillo ("Minnillo"; d.o.b. July 2, 1964) appeals from his jury trial conviction of driving under the influence of alcohol ("DUI") in violation of R.C. 4511.191(A)(1). For the reasons adduced below, we affirm.
. A review of the record indicates that on January 23, 2001, at approximately 5:53 p.m., Minnillo, a resident of Cleveland Heights, Ohio, was operating his 1989 Chevrolet Berretta coupe in the southbound lanes of I-71 between the interstate exits for Ohio Route 82 (a.k.a. Royalton Road) and I-80 (a.k.a. the Ohio Turnpike) in the City of Strongsville, Ohio when his vehicle was involved in a multiple car accident. At that time Minnillo was cited by Strongsville Police Patrolman Chris Holloway with DUI (see R.C. 4511.19 ), lack of using his safety belt (see Strongsville Codified Ordinance 438.29), and a continuous lanes violation (see Strongsville Codified Ordinance 432.08). The pavement was dry without adverse weather and the traffic was heavy. The visibility was marked as "dusk" on the Ohio Uniform Traffic Citation issued to Minnillo.
. On May 8, 2001 Minnillo filed a motion to suppress evidence seized from, and statements made by, Minnillo. The basis of this motion was that: (1) the police lacked reasonable suspicion of a crime to stop Minnillo, and lacked probable cause to arrest Minnillo; and, (2) the police violated Minnillo's right against self-incrimination and obtained statements in violation of his Miranda rights.
. The trial court conducted an oral hearing on September 7, 2001 on the motion to suppress. At this hearing the prosecution presented the testimony of three witnesses.
. The first witness for the prosecution at the motion hearing was Strongsville Police Patrolman Phillip Siwik, who began by testifying that he had been a patrolman in Strongsville for two years at the time of the hearing. Siwik, who was on basic patrol at the time of the accident, was dispatched to the scene of the multiple car accident and was advised that there were injuries on the scene. Siwik was the first officer on the scene of the three-car crash site and began attending to the injured. One of the vehicles was a van, resting in the median, with heavy damage. Minnillo's vehicle was also heavily damaged with its entire top peeled open. Another vehicle was parked nearby.
. Siwik testified that his attention was drawn to Minnillo because Minnillo was the only victim with visible injuries, leaning up against a concrete barrier wall, bleeding heavily and yelling for a baby. Siwik went over to Minnillo and told him to stay down, physically restraining Minnillo from getting up. From a distance of a two to three feet Siwik could smell on Minnillo's breath the "strong odor of alcohol coming from him." Tr. 9, 24-25. One of the other witnesses, whose car was behind Minnillo's, had informed Siwik that she had observed Minnillo being ejected from his vehicle during the crash. According to Siwik, Minnillo first claimed that there was a baby passenger. After searching the Minnillo vehicle for a baby Minnillo then claimed that the baby's picture was in his (Minnillo's) wallet. Siwik did not search the wallet. At that point Minnillo was transported to the hospital. Siwik claimed that from outside Minnillo's vehicle, he observed therein a full bottle of beer, an open can of beer, shot glasses in the back, and various cleaning instruments used by bar owners. Based on the odor of alcohol, the accident, and Minnillo's glossy eyes, Siwik believed there was probable cause to arrest for a driving under the influence violation. Tr. 13-14, 20.
. According to the accident report prepared
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