 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Phillips3/15/2002
time, did you begin to monitor the driving?
{ } Yes. Officer Molnar, my trainee, pulled out of the parking lot and fell in behind Mr. Phillips. Mr. Phillips stopped at the stop sign at Esquire and Lakeview and made a left-hand turn and proceeded eastbound on Lakeview to the stop light at North Fairfield Road. He came to a stop. He stopped well past the stop bar, the marked stop bar. He then made a right-hand turn onto southbound North Fairfield Road. Instead of turning from the right-hand curb lane he was in on Lakeview, to the right-hand curb lane on North Fairfield Road, he turned wide and turned into the left-hand travel lane.
{ } Is this a violation of law, to make a turn? When you are making a right turn, is there any specific way that you are supposed to make your turn?
{ } Yes. When you make a right-hand turn, you are supposed to turn from curb lane to curb lane. It is a marked lanes violation.
{ } And as far as the stopping at the intersection, was that unusual?
{ } Yes. You are supposed to line up your front bumper with the stop bar at a stop light, not your rear bumper.
{ } And after he made the turn onto North Fairfield, did you observe anything else unusual about his driving?
{ } Yes. We made a right-hand turn as well. Once we got directly behind him, he weaved from side to side in his travel lane, and, at one point, he crossed the yellow line with his left side tires . Then he got into the left-hand turn lane at the intersection of North Fairfield and Kemp Road and made a left-hand turn onto eastbound Kemp Road. Once again, instead of turning into the left lane, he turned wide into the right-hand lane, and then he turned immediately into the parking lot of the Speedway station that is right there at the southeast corner of the intersection.
{ } When he was driving on Fairfield and you say weaving, he went across the center line?
{ } Yes, the left-hand yellow line.
{ } Did he signal that he was going to be doing that?
{ } No, not that I recall.
{ } When he made a left turn, did he signal to turn?
{ } I believe he did signal the turn.
{ } After he turned left and then turned right into the Speedway lot, did he signal that turn?
{ } I believe so.
{ } And based on your observations of his driving to that point and your prior face to face observations of him earlier, did you elect to make a stop at that time?
{ } Yes. I had Officer Molnar turn on our overhead lights and pull in behind Mr. Phillips where he stopped in the parking lot.
{ } After Phillips exited his car, the situation deteriorated rapidly from Phillips' viewpoint. Field sobriety tests were performed, and Phillips was ultimately charged with DUI.
{ } Phillips filed a motion to suppress, asserting many different grounds. Among these grounds was his contention that the police officers lacked a basis for stopping him. This is the sole issue raised on appeal.
{ } Following a hearing, Phillips' motion to suppress was denied. Thereafter, he pled no contest to DUI, was found guilty, and was sentenced accordingly. From his conviction and sentence for DUI, Phillips appeals.
II.
{ } Phillips' sole assignment of error is as follows:
{ } THE TRIAL COURT ERRED IN FAILING TO SUSTAIN THE SUPPRESSION MOTION BECAUSE THE STATE FAILED TO PROVE THAT THE OFFICER STOPPED THE CAR BASED ON A REASONABLE SUSPICION THAT THE DRIVER HAD COMMITTED A TRAFFIC OFFENSE.
{ } Phillips is only challenging the propriety of the stop. He points ou
Page 1 2 3 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|