 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Faul11/19/2004
Michael J. Faul appeals from his conviction and sentence in Montgomery County Common Pleas Court on one count of felony driving under the influence of alcohol.*fn1
{ } Faul advances three assignments of error on appeal. First, he contends the trial court erred in failing to suppress the results of field sobriety tests that were not administered in strict compliance with standardized testing procedures. Second, he claims the trial court erred in failing to suppress evidence of field sobriety tests not recognized by the National Highway Traffic Safety Administration ("NHTSA"). Third, he argues that the trial court erred by ruling that a videotape of his performance on the field sobriety tests could be shown to jurors and that the arresting officer could testify about his observations during the sobriety tests.
{ } For the reasons set forth below, we find no merit in the foregoing arguments. Accordingly, we will affirm the judgment of the Montgomery County Common Pleas Court.
I. Factual and Procedural Background
{ } Centerville police officer William Cole observed a car in a Jiffy Lube parking lot in the early morning hours of July 10, 2003. Cole watched as the vehicle proceeded in reverse before going forward, driving over several curbs, and coming within feet of striking the building. Cole followed the vehicle as it exited the Jiffy Lube parking lot and proceeded into an adjacent lot where he initiated a traffic stop. As Cole approached the vehicle, Faul rolled down the driver's side window. Cole immediately detected the odor of beer emanating from the vehicle. The officer also noted that Faul's speech was slurred.
{ } While speaking with Cole, Faul agreed to undergo field sobriety tests.
With assistance from another officer who had arrived on the scene, Cole had Faul perform five tests. The first test required Faul to recite the alphabet. The second test evaluated his finger dexterity. The third test involved Faul standing with his head back and his eyes closed for thirty seconds. The fourth test required Faul to touch his nose with his head back and his eyes closed. The fifth test involved Faul walking nine steps heel-to-toe then pivoting and returning. After the fifth test, Faul refused to submit to a horizontal gaze nystagmus test. At that point, Cole arrested him for driving under the influence of alcohol.
{ } A grand jury subsequently indicted Faul on one count of felony driving under the influence of alcohol in violation of R.C. §4511.19(A)(1). Faul then moved to suppress evidence of the field sobriety tests, including any observations and opinions of the officers who administered the tests. Following an evidentiary hearing, the trial court sustained Faul's motion in part and overruled it in part. With regard to the field-sobriety tests, the trial court divided them into categories including (1) those mandated or suggested by NHTSA and (2) those approved only by the Centerville Police Department. The trial court then reasoned:
{ } "The NHTSA mandated or suggested field tests that were administered were the walk and turn test, the alphabet test and the finger dexterity test. Officer Cole testified to the NHTSA test standards regarding each test and that Mr. Faul's testing conformed to these standards. Further, the videotape of Officer Cole's encounter with Mr. Faul was introduced, and the videotape confirms that the tests were conducted in at least substantial compliance with the NHTSA standards. Therefore, Officer Cole, at trial, will be allowed to testify concerning these test results. Further, the jury will be allowed to observe Mr. Faul's test performance as captured by the videotape.
{ } "A different conclusion is
Page 1 2 3 4 5 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|