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State v. Wilson3/7/2003
JUDGMENT: Affirmed.
. Defendant-appellant Timothy Wilson appeals his DUI conviction in Mahoning County Court No. 4. This court is asked to decide two issues. First, whether the trial court erred in overruling the motion to suppress evidence obtained from the stop. Second, whether the trial court erred in ruling that the state trooper properly administered the field sobriety tests, thus deeming the results permissible as evidence. Finding no merit with either of these arguments, the judgment of the trial court is affirmed.
STATEMENT OF FACTS
. On June 18, 2001, Wilson was traveling west in the right hand curb lane on Mahoning Avenue, a five-lane road in Austintown, Ohio. (Tr. 3). Trooper David Zatvarnicky observed Wilson's vehicle for approximately one to one and one-half miles. (Tr. 3). During this time, Trooper Zatvarnicky noted that the vehicle followed a pattern of driving toward the curb and then, before actually striking, "jerking" back into alignment, breaking the dotted center line to the left. (Tr. 3). Wilson's vehicle never contacted the curb. (Tr. 15). Trooper Zatvarnicky observed Wilson's vehicle veer towards the curb three times and cross the dividing line between the two westbound lanes two times. (Tr. 3).
. After observing this, Trooper Zatvarnicky pulled Wilson over. (Tr. 5-6). Upon approaching the vehicle, Trooper Zatvarnicky noted the smell of alcohol coming from the vehicle. (Tr. 6). He also noted that Wilson's eyes were glassy and bloodshot. (Tr. 6). Additionally, Wilson had a difficult time presenting his license, and when he attempted to retrieve the requisite paperwork from his glove box, it was difficult for him to get the key into the key hole to open the glove box. (Tr. 6-7).
. Based on these occurrences, Trooper Zatvarnicky asked Wilson whether he had consumed any alcoholic beverages. Wilson replied he had not. Trooper Zatvarnicky next asked Wilson to exit his vehicle and perform three standard field sobriety tests. (Tr. 7).
. The first of these was the horizontal gaze nystagmus (HGN) test, during which the officer observes the reactions of the subject's eyeballs as their gaze follows a horizontally moving object. (Tr. 7). Studies have shown that impaired persons' eyeballs will "jerk" or have difficulty following the moving object. Wilson failed this test. (Tr. 9).
. Next, Trooper Zatvarnicky administered the walk and turn test, the first of two "divided attention" tests. (Tr. 9). The walk and turn test requires the subject to take nine steps heel-to-toe along a straight line, turn, and return to the starting point in the same manner. Wilson could not keep steady in the requisite position of right foot in front of left while instructions were given, but had to shift to keep balance. (Tr. 10). He also began the test before instructed to do so. (Tr. 10). Once the test began, Wilson could not touch heel to toe, raised his arms for balance and turned incorrectly. (Tr. 10). Wilson failed this test. (Tr. 10).
. The final test was the one-leg stand test. (Tr. 10-11). This test requires the subject to stand on one foot while holding the other approximately six inches off of the ground. The subject must hold this position, while counting by thousands (one thousand one, one thousand two, etc.) for 30 seconds. In performing this test, Wilson swayed, raised his arms and hopped. (Tr. 11). Thus, Wilson failed the third test. (Tr. 11).
. After administering the tests, Trooper Zatvarnicky placed Wilson under arrest for violating R.C. 4511.19(A)(1) and (A)(6), driving under the influence of alcohol. (Tr. 11-12). Trooper Zatvarnicky read Wilson his Miranda rights. (Tr. 1
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