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State v. Saeger11/21/2000
JUDGMENT: Affirmed
Defendant-appellant, Michael G. Saeger, appeals from a judgment rendered by the Columbiana County Court, Northwest Area, finding appellant guilty on charges of operating a motor vehicle under the influence of alcohol, in violation of R.C. 4511.19(A)(1), and failing to use a seat belt, in violation of R.C. 4513.263.
On the evening of February 6, 1999, at approximately 7:30 p.m., Deputy Larry Richards, a uniformed officer with the Columbiana County Sheriff's Department, entered the Duke and Duchess Service Station located in Knox Township, Columbiana County, Ohio. While standing in front of a glass-enclosed counter and speaking to a clerk, Deputy Richards noticed appellant, who was previously unknown to him, acting evasively, walking slowly and keeping his head down. Although Deputy Richards did not detect any indicia of intoxication, appellant's "peculiar" behavior aroused his suspicions.
Appellant finished his transaction and left the store. Shortly thereafter, Deputy Richards likewise left the store. Upon getting into his patrol car, Deputy Richards observed appellant sitting in his truck at the other end of the parking lot where he remained for approximately five minutes. As appellant departed from the parking lot, Deputy Richards decided to follow him.
Deputy Richards followed appellant for approximately one mile, during which time he observed appellant's truck cross the right edge line of the roadway on two occasions. On the second occasion, Deputy Richards witnessed appellant's truck go off the right side of the paved roadway, across the one to two foot gravel berm and, as it appeared to Deputy Richards, nearly collide with some mailboxes located on the grassy area beyond the gravel berm.
Suspecting that appellant may be operating his truck under the influence, Deputy Richards initiated a traffic stop by activating his overhead lights and siren. Approximately a quarter of a mile further down the road, appellant allegedly made a wide right turn and stopped.
When Deputy Richards approached appellant's truck, he noticed a strong odor of alcoholic beverage and that appellant's speech was slurred. Deputy Richards then administered some standard field sobriety tests, which appellant failed. Deputy Richards thereafter took appellant into custody. Upon returning to the Columbiana County Sheriff's Department, appellant refused to submit to a breath test. Appellant was subsequently charged with driving under the influence , failure to use a seat belt and operating a motor vehicle without reasonable control.
Appellant pled not guilty to the charges against him. On March 15, 1999, appellant filed a motion to suppress or alternatively, a motion in limine, along with a request for an oral hearing. Said hearing was conducted by the trial court on April 29, 1999. Following consideration of the testimony and evidence presented, the trial court overruled appellant's motion by judgment entry filed May 24, 1999.
At a status conference held on August 9, 1999, the trial court granted plaintiff-appellee, State of Ohio's motion to dismiss the charge against appellant for operating his motor vehicle without reasonable control. Consequently, appellant withdrew his not guilty pleas and entered no contest pleas to the charges against him for operating his vehicle under the influence and failure to use a seat belt. The trial court found appellant guilty on these charges and sentenced him to ninety days incarceration in the minimum security jail facility, with eighty days of such sentence being suspended upon two years of unsupervised probation. Appellant was also fined and given a two year driver's license
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