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State v. Mapes6/30/2005
63, is constitutional, see discussion supra, the governing standard for field sobriety test admissibility is substantial compliance and not strict compliance as appellant argues. However, R.C. 4511.19(D)(4)(b) does not define substantial compliance. A determination whether the facts satisfy the substantial compliance standard is made on a case by case basis. Robinson, 2005-Ohio-2280, at 45.
{ } Here, the facts sustain the conclusion that Trooper Borton substantially complied with NHTSA standards. Though it does appear in Trooper Borton's in-car camera footage that he paused his finger while moving it across appellant's face in the equal tracking test, there is nothing in the NHTSA manual that forbids him from doing so. The manual only states, "The eyes can be observed to jerk or 'bounce' as they follow a smoothly moving stimulus."
{ } In the maximum deviation test, Borton clearly held the stimulus for a minimum of four seconds, as mandated by the NHTSA manual. The manual states, "Distinct nystagmus will be evident when the eye is held at maximum deviation for a minimum of four seconds."
{ } Moreover, Borton's instructions for the One-Leg Stand test at the very least substantially complied with the NHTSA manual. Borton's in-car camera footage also shows that he instructed appellant as to the initial position, then proceeded to demonstrate the test. Borton then instructs appellant, "If you understand the instructions, go ahead and begin," after which appellant begins the test without objection.
{ } Appellant also contends that Trooper Borton was in "relatively constant motion" during the Walk-and-Turn test, contrary to the NHTSA manual which states that the officer is required to remain as motionless as possible. However, this is a gross over-characterization of the NHTSA's language, which instructs one administering the test only to "limit your movement which may distract the suspect during the test." Furthermore, upon review of the footage captured by Trooper Borton's in-car camera, it seems improbable that Borton's bodily movements would have any effect on appellant's performance of the test. This is especially true while appellant's back was facing Trooper Borton.
{ } Additionally, we are unwilling to adopt appellant's contention that there is an implicit requirement that the designated line be sufficiently illuminated for the Walk-and-Turn test. The NHTSA manual states, "Recent field validation studies have indicated that varying environmental conditions have not affected a suspect's ability to perform this test." Moreover, appellant raised no objection as to the designated line's illumination while he was performing the test.
{ } Therefore, we find that Trooper Borton substantially complied with NHTSA standards for administering field sobriety tests, and there was probable cause to arrest appellant.
{ } In light of the foregoing, we find appellant's second assignment of error not well-taken.
{ } For the foregoing reasons, the judgment of the Fulton County Court, Western District, is affirmed. Appellant is ordered to pay the costs of this appeal for which sum judgment is rendered against appellant on behalf of Fulton County and for which execution is awarded. See App.R. 24.
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Arlene Singer, P.J.
William J. Skow, J. JUDGE
Dennis M. Parish, J. CONCUR.
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