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State v. Ruff6/11/2002
JUDGMENT: Affirmed.
. This timely appeal arises from a decision of the Belmont County Court finding Richard L. Ruff ("Appellant") guilty of driving under the influence of alcohol (DUI) in violation of R.C. §4511.19(A)(1) & (6). For the following reasons, this Court affirms the county court's judgment.
. On February 8, 2001, State Trooper Ross Thompson was on what he characterized as "speech detail" at the Belmont County Human Services building located on Hammond Road in St. Clairsville, Ohio. (Tr. p. 10). Trooper Thompson was addressing a group of teenagers on the subject of driving safety when the building's director, Chris Chesnick, interrupted him and requested that Thompson accompany him outside. (Tr. p. 10).
. Trooper Thompson followed Chesnick to the building's parking lot where he observed Appellant backing his vehicle out of a parking spot reserved for disabled motorists. Trooper Thompson ran over to the vehicle gesturing at the driver to stop. Appellant's driver's side window was open and when Trooper Thompson reached that side of the vehicle, he immediately noted the odor of alcohol. (Tr. p. 11). Trooper Thompson observed that Appellant slurred his speech and that his movements were clumsy. (Tr. p. 12). An examination of the vehicle's interior revealed several open beer containers.
Before asking Appellant to exit the vehicle so that he could better assess his condition, Trooper Thompson contacted the county sheriff's office and requested assistance. Trooper Thompson did so because he thought the backup would be helpful and because he wanted to obviate any potential jurisdictional issues should Appellant's arrest prove necessary. (Tr. p. 12).
. Trooper Thompson then conducted a series of field sobriety tests and, according to the Trooper, Appellant failed all of them. (Tr. p. 13). In the interim, Deputy Sheriff Dan Showalter arrived and observed as Trooper Thompson conducted some of the tests. (Tr. p. 5). Deputy Showalter confirmed that Trooper Thompson properly performed the horizontal gaze nystagmus test and the walk and turn test. When Appellant failed those, Deputy Showalter placed Appellant into custody and, with another county deputy, transported Appellant to the nearest State Highway Patrol Post. (Tr. p. 7). When they arrived, Appellant submitted to a breathalyzer test, which revealed a blood alcohol content (BAC) level of .218%. (Tr. p. 21).
The breathalyzer test was administered by Sergeant Jeffrey Bernard of the Ohio State Highway Patrol, a 29-year veteran of the Patrol who was qualified to conduct such tests. The record further indicates that Appellant was under observation for the requisite 20 minutes before taking the test, and the test was conducted in the presence of Deputy Showalter who confirmed that Appellant failed. (Tr. pp. 7, 20).
. Deputy Showalter cited Appellant for a third DUI offense as set forth under R.C. §4511.19(A)(1). Appellant also received a parking ticket under R.C. §4511.69, related to his use of a parking space reserved for the disabled.
. On June 5, 2001, after a bench trial, the trial court found Appellant guilty of violating R.C. §4511.19(A)(1) and (6), but concluded that the state had not proven the underlying parking violation. In the same proceeding, the trial court sentenced Appellant to a jail term of one year, suspending all but 90 days, along with two years of supervised probation. The court also imposed a fine of $1,000.00 and suspended Appellant's driving privileges for two years. (Judgment Entry, June 6, 2001). On June 7, 2001, Appellant filed his notice of appeal. The trial court thereafter stayed the execution of Appellant's sentenc
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