State v. Willey

Summary

The Ohio Fifth District Court of Appeals reversed the Cambridge Municipal Court’s conviction of Ashley Willey for operating a vehicle under the influence. The court held that the trooper lacked reasonable, articulable suspicion to detain Willey for field sobriety testing based on her initial appearance of being dazed or disoriented and the presence of white powder on her clothing and face. The case was remanded for further proceedings.

Holdings

1. The trooper lacked a reasonable, articulable suspicion that Willey was intoxicated when he asked her to exit the vehicle and perform field sobriety tests. His initial concern based on her appearance from behind dissipated during personal interaction, and the white powder, without more, did not establish reasonable suspicion of intoxication.
2. The trial court erred in overruling Willey's motion to suppress because the field sobriety testing was not supported by reasonable, articulable suspicion.

Questions Presented

1. Whether the trooper had reasonable, articulable suspicion that Willey was intoxicated to expand the roadside safety encounter into an investigative OVI detention.
2. Whether the trooper had reasonable suspicion of criminal activity to detain Willey and require her to perform field sobriety tests.

Disposition

reversed_and_remanded