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State v. Shaffer1/23/2004
. This appeal arises from the Portage County Court of Common Pleas wherein, appellant, David A. Shaffer ("Shaffer"), was convicted of driving under the influence of alcohol ("DUI"), a fourth degree felony.
. On September 5, 2001, at approximately 1:30 a.m., Officer Kevin Lafferty, an officer with the Ravenna Police Department, was on patrol, following a car out of a well-known drug area. Both vehicles stopped at a red light. While stopped at the light, Officer Lafferty noticed a vehicle turn into the north driveway of the Eagles Club. When the light changed, Officer Lafferty continued to follow the first vehicle and, lacking any probable cause to stop the vehicle, turned around when the vehicle drove out of city limits. Officer Lafferty turned into the parking lot of the Eagles Club. He testified that he made it a regular practice to do this in order to "make sure everybody got home alright."
. Officer Lafferty pulled into the lot, shining his searchlight. He was getting ready to leave the lot by the south driveway when he observed a vehicle backing up at a high rate of speed. As he watched the vehicle, he noted that it appeared the car would hit his police vehicle, so he backed up. The vehicle then pulled up next to the officer's vehicle, and the driver rolled down the window. The driver shut off his vehicle and removed the keys from the ignition. Officer Lafferty rolled down his window and asked the driver if there was a problem. He then contacted his dispatcher and requested a check of the vehicle's license plate number. The driver told Officer Lafferty that he was lost. Officer Lafferty then proceeded to find out what street he needed to find. As Officer Lafferty was attempting to give directions, the dispatcher notified Officer Lafferty that the owner of the car, identified as Shaffer, was on a financial responsibility suspension ("FRA") and had several DUIs. Officer Lafferty then asked Shaffer if that was why he backed up quickly and shut off his car when he saw the officer, to which Shaffer responded in the affirmative.
. Officer Lafferty noted that Shaffer's eyes appeared bloodshot and glassy and an odor of alcohol was emanating from his vehicle. The officer asked Shaffer to get out of the vehicle and to see his driver's license. Shaffer stated that his license was in the hatchback of his vehicle. Officer Lafferty followed Shaffer to the rear of the vehicle to retrieve his license. He noted that Shaffer appeared to have a difficult time getting the key into the lock. After several attempts, Shaffer got the back open and retrieved his briefcase. He could not locate his wallet or license in the briefcase. Officer Lafferty noticed a large bottle of wine and an empty bottle of Crown Royal in the back of the vehicle. Officer Lafferty asked Shaffer if he had any weapons on him as well as questions regarding his identity and taking a sobriety test. Officer Lafferty testified that Shaffer "started to refuse everything" and would not perform any sobriety tests, including a blood alcohol ("BAC") test. The officer then patted him down for weapons and found a large knife in his front pocket. Based on Shaffer's appearance and the odor of alcohol, Officer Lafferty placed Shaffer under arrest for driving while under the influence of alcohol and financial responsibility suspension. He called another unit to pick up Shaffer and take him to the station. Patrolman Rarik transported Shaffer to the station.
. On December 21, 2001, Shaffer was indicted on one count of driving under the influence of alcohol. Shaffer filed a motion to suppress, contending that Officer Lafferty lacked probable cause to make the stop. A hearing was held on the motion to suppress, and the t
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