State of Ohio/City of Sylvania v. Christopher R. Eitniear, Jr.

Summary

The Sixth District Court of Appeals of Ohio affirmed Christopher R. Eitniear Jr.'s convictions for speeding and operating a vehicle while intoxicated. The court held that the arresting officer was competent to testify under R.C. 4549.14 and Evid.R. 601(B)(4) because he was not on duty for the exclusive or main purpose of enforcing traffic laws, despite using a vehicle that did not comply with R.C. 4549.13.

Holdings

1. Whether an officer is on duty for the exclusive or main purpose of enforcing traffic laws is determined by examining the officer's main purpose for the whole period of duty, not merely the officer's conduct during the apprehension and arrest.
2. Although Officer Heber's vehicle lacked the equipment required by R.C. 4549.13, Heber was not incompetent to testify under R.C. 4549.14 and Evid.R. 601(B)(4) because Eitniear failed to show that Heber was on duty for the exclusive or main purpose of enforcing traffic laws.
3. The trial court did not abuse its discretion by denying Eitniear's motion to suppress.

Questions Presented

1. Whether Officer Heber was incompetent to testify under R.C. 4549.14 and Evid.R. 601(B)(4) because he was operating a vehicle that did not comply with R.C. 4549.13.
2. Whether Officer Heber was on duty for the exclusive or main purpose of enforcing traffic laws during the relevant shift.
3. Whether the trial court abused its discretion by denying Eitniear's motion to suppress.

Disposition

affirmed