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State v. Orihel1/28/2002
This is an appeal from an Athens County Municipal Court judgment of conviction and sentence. The trial court found Cynthia Orihel, defendant below and appellant herein, guilty of driving while under the influence of alcohol in violation of R.C. 4511.19(A)(1).
Appellant assigns the following errors for review:
FIRST ASSIGNMENT OF ERROR:
"UNDER STATE V. SPILLERS, THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN OVERRULING THE MOTION TO SUPPRESS EVIDENCE BECAUSE THE STATE OF OHIO FAILED TO PROVE THERE WAS A REASONABLE AND ARTICULABLE SUSPICION TO ADMINISTER FIELD SOBRIETY TESTS."
SECOND ASSIGNMENT OF ERROR:
"THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT OVERRULED APPELLANT'S TIMELY OBJECTIONS AS TO A LACK OF A PROPER FOUNDATION AND PERMITTED THE OFFICER TO TESTIFY TO THE RESULTS OF THE HORIZONTAL GAZE NYSTAGMUS TEST."
THIRD ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN ALLOWING THE OFFICER TO TESTIFY AS TO THE LIKELIHOOD APPELLANT WOULD TEST OVER THE LEGAL LIMIT BASED UPON WHAT HE FELT HER RESULTS OF THE FIELD SOBRIETY TESTS WERE."
FOURTH ASSIGNMENT OF ERROR:
"THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN OVERRULING APPELLANT'S OBJECTIONS TO TESTIMONY PERTAINING TO THE RESULTS OF THE H.G.N. FIELD SOBRIETY TEST, AS THE ARRESTING OFFICER FAILED TO ADMINISTER THE TEST IN STRICT COMPLIANCE WITH STANDARDS ADOPTED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION."
FIFTH ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED IN ADMITTING EVIDENCE OF THE RESULTS OF THE WALK-AND-TURN TESTS AS IT WAS NOT ADMINISTERED IN STRICT COMPLIANCE WITH N.H.T.S.A. STANDARDS."
SIXTH ASSIGNMENT OF ERROR:
"THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN OVERRULING APPELLANT'S MOTION TO SUPPRESS EVIDENCE GIVEN THE FACT THAT ALL EVIDENCE WAS OBTAINED AS A RESULT OF AN EXTRA-TERRITORIAL ARREST AND GOVERNED BY THE HOT-PURSUIT EXCEPTION."
Our review of the record reveals the following facts pertinent to the instant case. On February 10, 2001, at approximately 2:29 a.m., Ohio University Police Officer Mike Trout, while seated in his police cruiser parked near the Ohio University's Research Technology Building, observed appellant turning onto President's Street from South Court Street. Both streets are one-way streets and appellant was driving the wrong way down both one-way streets. The officer decided to conduct a traffic stop.
When Officer Trout approached the appellant's vehicle's driver's
ide window, he detected an odor of alcohol emanating from the vehicle. Officer Trout also observed four passengers inside the vehicle. The officer asked appellant for her driver's license and proof of insurance.
Appellant was apparently unable to immediately produce her driver's license. She checked various places inside her vehicle, pulled her wallet out of her purse, checked her wallet and her purse for her driver's license, but could not locate it. She then checked her pockets but she still could not find her license. Appellant then looked again in her purse, then went back to her pockets, and finally found her license in her back pocket.
Officer Trout asked appellant to step out of her car. Appellant complied with the officer's request and, when she stepped out of the vehicle, she "almost fell." Officer Trout explained that "she just kind of lost her balance like she was almost ready to fall over but got her feet back underneath her to where she could stand up."
The officer and appellant then walked toward the rear of the vehicle. As appellant walked toward the rear of the vehicle, "she fell
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