State v. Delarosa6/30/2005
{ } Appellant, Nancy M. DeLarosa, appeals from judgment entries of the Portage County Municipal Court, Ravenna Division, denying her motion to dismiss, motion to suppress, and motion in limine. For the reasons that follow, we affirm.
{ } The record discloses the following facts. On January 12, 2003, appellant was issued a traffic citation by Trooper John Altman ("Trooper Altman"), of the Ohio State Highway Patrol. The citation originated from Trooper Altman's stop of appellant's vehicle on State Route 43, in Portage County, Ohio. Ultimately, appellant was cited for speeding, in violation of R.C. 4511.21(C), and driving under the influence ("DUI"), in violation of R.C. 4511.19(A)(1).
{ } On January 15, 2003, appellant entered a plea of not guilty to the aforementioned traffic citations. Accordingly, the court issued a February 13, 2003 notice, setting the trial date for April 30, 2003, at 11:00 a.m.
{ } On February 19, 2003, appellant filed a motion to suppress. In addition, on that same day, appellant filed a motion for jury demand, motion for discovery, and a motion for a bill of particulars. Her motion to suppress requested the suppression of field sobriety test results, Trooper Altman's observations during the traffic stop, and any statements made by appellant during the traffic stop. A portion of her motion to suppress maintained that Trooper Altman did not have probable cause to detain and arrest her for DUI. The court issued a notice to the parties, scheduling a hearing on appellant's motion to suppress for April 30, 2003, at 11:00 a.m.
{ } On April 23, 2003, appellant filed a motion to dismiss predicated upon the alleged failure of the court to bring this matter to trial within ninety days of her arrest. Appellant maintained that the court had violated her constitutional right to a speedy trial, as the April 30, 2003 trial date was beyond the statutory time limitation for a misdemeanor. Specifically, appellant noted that the calculation of the ninety-day time limit commenced on January 13, 2003, and ended on April 12, 2003. Because the court set the trial date for April 30, 2003, eighteen days beyond the statutory time limitation, appellant requested a dismissal.
{ } As scheduled, the trial court held a hearing on appellant's motion to suppress on April 30, 2003, at 11:00 a.m. A visiting judge presided at the suppression hearing. At the suppression hearing, appellant's counsel stated that prior to the hearing the court informed him that the trial scheduled for April 30, 2003, would be held at a later date.
{ } The sole witness to testify during the suppression hearing was Trooper Altman. Trooper Altman testified that he clocked appellant's vehicle traveling eleven miles over the posted speed limit. Due to her speed, Trooper Altman signaled appellant to pull over. Once appellant's vehicle had stopped, Trooper Altman stated that he approached appellant's passenger-side window. Trooper Altman testified that, upon speaking to appellant, he detected a strong scent of alcohol. When he inquired as to whether appellant had been drinking, appellant admitted that she had consumed two beers.
{ } Based upon the strong scent of alcohol and appellant's admission, Trooper Altman testified that he accompanied appellant to his patrol car. While appellant was sitting in the patrol car's passenger seat, Trooper Altman performed a horizontal gaze nystagmus. During the horizontal gaze nystagmus, Trooper Altman noticed that appellant's eyes were bloodshot and glossy. He further testified that appellant failed the horizontal gaze nystagmus, indicating that appellant was under the influence of alcohol.
{ } Trooper Alt
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