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State v. Blevins3/17/2003
Defendant-appellant, Kimberly Renee Blevins, appeals from her conviction and sentence in Clermont County Municipal Court for driving under the influence . We affirm appellant's conviction.
Shortly after 10:00 a.m. on September 3, 2001, appellant was involved in an automobile accident in Clermont County near the Warren County line. The accident occurred when appellant's car veered left of center and struck another vehicle.
Deputy Brian Payne of the Warren County Sheriff's Office was the first law enforcement officer to arrive at the scene. When he arrived, appellant was still in her vehicle. Deputy Payne approached appellant's car and began speaking to her. He noticed that she had glassy eyes, seemed confused, and was repeating herself. He also noticed that she seemed lethargic and was slurring her speech. Appellant explained that she had been reaching for her cell phone when the accident occurred.
Appellant's husband, Jeffrey Blevins ("Mr. Blevins"), soon arrived at the scene. Mr. Blevins conversed with appellant at her car while Deputy Payne stood a short distance away. According to Deputy Payne, Mr. Blevins was periodically glancing at him as if to see whether he was looking. Mr. Blevins then reached into the car and retrieved a hollow pen tube. Deputy Payne observed Mr. Blevins's actions and subsequently retrieved the pen tube from Mr. Blevins. Deputy Payne testified at trial that he observed a white, powdery substance inside the tube. Deputy Payne then noticed a bulge in Mr. Blevins's pocket. At Deputy Payne's request, Mr. Blevins gave him the item in his pocket, which was a bottle of OxyContin, prescribed to him. Deputy Payne detained Mr. Blevins in his cruiser until the arrival of the State Highway Patrol.
Trooper Tracy Callahan of the Ohio State Highway Patrol then arrived at the scene to investigate the accident. He noticed that appellant appeared confused and was slurring her speech. He also noticed that appellant's eyes were narrow, watery, and glassy, and that she was squinting. Appellant initially told Trooper Callahan that she had not consumed any medication or narcotics. However, appellant later told him that, due to a medical condition, she took one Valium at 4:00 a.m. and two of her husband's OxyContin pills at 6:00 p.m. the previous night.
Trooper Callahan attempted to administer sobriety tests. When appellant exited her vehicle, Trooper Callahan noticed that her balance and coordination were "terrible," and that she was very unsteady on her feet. Trooper Callahan attempted to administer the horizontal gaze nystagmus test. However, he could not administer the test because appellant could not open her eyes wide enough. Trooper Callahan next attempted to administer the one-leg-stand test. Appellant could not complete this test, stating that she had "back problems." According to Trooper Callahan, appellant "was having trouble standing on two feet, let alone attempting to stand on one."
Having determined that appellant was unable to complete the sobriety tests, Trooper Callahan placed appellant under arrest. He charged her with driving under the influence in violation of R.C. 4511.19(A)(1), and driving left of center in violation of R.C. 4511.25.
Following her arrest, appellant was transported to the Batavia post of the Ohio State Highway Patrol. Trooper Callahan asked appellant to submit a urine sample that could be tested for the presence of narcotics. Appellant refused to cooperate until she contacted her attorney. Trooper Callahan subsequently provided appellant with the telephone number of her attorney, but appellant telephoned her husband instead. Trooper Callahan asked appellant to
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