State v. Bowman

Summary

The Sixth District Court of Appeals of Ohio affirmed Ted Bowman's conviction under Ohio Revised Code section 4511.12 for disobeying a traffic control device while driving a semitruck in the left lane of the Ohio Turnpike. The court held that the appeal was not moot because the conviction resulted in points on Bowman's driving record, and it rejected his sufficiency, manifest-weight, selective-prosecution, and emergency-light arguments. The court also affirmed the denial of Bowman's motion for postconviction relief.

Holdings

1. The appeal was not moot because the assessment of points on Bowman’s driving record constituted a collateral disability resulting from the conviction.
2. The conviction was supported by sufficient evidence because the state presented evidence establishing that Bowman disobeyed a traffic control device by driving a semitruck in the leftmost lane despite signs requiring trucks and slower traffic to use the right two lanes.
3. The conviction was not against the manifest weight of the evidence.
4. The trooper’s display of red, blue, and white lights did not invalidate the stop because Ohio Revised Code section 4513.17(D) does not require public law-enforcement officers to use only blue and white lights.
5. Bowman failed to establish a prima facie selective-prosecution claim because he presented no evidence that he was singled out for prosecution or that the alleged discriminatory selection was invidious or undertaken in bad faith.

Questions Presented

1. Whether Bowman’s conviction for violating Ohio Revised Code section 4511.12 was supported by sufficient evidence.
2. Whether the conviction was against the manifest weight of the evidence.
3. Whether the appeal was moot after Bowman paid the fine.
4. Whether the municipal court erred in denying Bowman’s motion for reconsideration and/or petition for postconviction relief based on selective prosecution and the alleged improper marking of the trooper’s vehicle.

Disposition

affirmed