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State v. Quesenberry5/24/2001
JUDGMENT: Affirmed
Defendant-appellant, Charles K. Quesenberry, appeals his conviction following a bench trial in the Belmont County Court, Northern Division, for driving under the influence of alcohol in violation of R.C. 4511.19(A)(1).
On or about February 14, 1999, appellant was traveling northbound on State Rt. 7 in Belmont County, Ohio, near the intersection of State Rt. 7 and Aetna Street in Bridgeport, Ohio. Two on-duty patrol officers from Bridgeport, Officers Studnec and DeNoon, testified that appellant ran a red light. The officers, who were traveling in the opposite direction on State Rt. 7, turned their vehicle around and began to pursue appellant. The officers did not engage their emergency lights. Officers DeNoon and Studnec testified that appellant was traveling at a high rate of speed and that they were traveling at speeds in excess of 80 miles per hour in an attempt to catch up to him.
Appellant lost control of his car near the intersection of State Rt. 7 and Hanover Street in Martins Ferry, Ohio. Appellant's car struck a guardrail three times, became airborne, flipped over, and hit the ground. As soon as the officers witnessed the accident, Officer DeNoon radioed the Martins Ferry Police Department who dispatched Officer Flanagan to the scene. The Bridgeport officers made contact with appellant while he was in his car. Officer DeNoon testified that appellant was dazed, and upon opening appellant's car door, he smelled a strong odor of alcohol on appellant's breath. Officer Studnec also testified that appellant had a strong odor of alcohol on his person, could barely stand, and had slurred speech. Both officers testified that appellant appeared to be under the influence of alcohol.
A short time thereafter, Officer Flanagan of the Martins Ferry Police Department arrived at the scene. The Bridgeport officers did not communicate their observations to Officer Flanagan; rather they proceeded to clean up the crash debris from the highway. Officer Flanagan asked appellant to perform his ABC's and appellant was unable to perform the ABC test correctly. Officer Flanagan then contacted the Ohio State Highway Patrol to investigate the matter further, handcuffed appellant, and placed him in the back of a police cruiser until the Ohio State Highway Patrol arrived at the scene.
Shortly thereafter, Sergeant Bernard of the Ohio State Highway Patrol arrived at the scene where he proceeded to give appellant a series of field sobriety tests which included the horizontal gaze nystagmus (HGN) test, the one leg stand test, and the walk and turn test. Sergeant Bernard also testified that appellant staggered when he walked and had the odor of alcohol on him. Officer Bernard testified that appellant failed these field sobriety tests.
Officer Bernard asked appellant to take a BAC test. Appellant refused to submit to the test and was charged with driving under the influence in violation of R.C. 4511.19(A)(1). On April 2, 1999, appellant filed a motion to dismiss. A hearing was held on the motion May 5, 1999, where the trial court overruled appellant's motion to dismiss.
A bench trial was held on June 21, 1999. The trial court found appellant guilty of driving under the influence of alcohol in violation of R.C. 4511.19(A)(1). Appellant also renewed his motion to dismiss at trial which the court overruled. The trial court sentenced appellant to ninety days in jail. The trial court stated that it would suspend sixty of the ninety-day sentence if appellant enrolled in a Driver Intervention Program. The trial court also imposed a $366.00 fine and ordered appellant to pay court costs.
Appellant requested a stay of se
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