State v. Hodges

2022-Ohio-3535 (Ohio Ct. App. 2022) · Ohio Court of Appeals, Fifth Appellate District, Licking County · September 30, 2022 · No. 2022 CA 00012

Summary

The Fifth District Court of Appeals of Ohio reviewed Jason Hodges's challenge to the denial of his motion to suppress evidence in an OVI case. The court held that the trooper had reasonable suspicion to extend the traffic stop and conduct field sobriety tests based on the totality of the circumstances, including the late-night stop, bloodshot eyes, strong odor of alcohol, and Hodges's admission that he had consumed six beers. The court overruled the assignment of error and affirmed the trial court's judgments.

Holdings

  1. An officer may administer field sobriety tests after stopping a vehicle for a minor traffic offense when the request is separately justified by reasonable suspicion, based on articulable facts, that the motorist is intoxicated.
  2. The trooper had reasonable suspicion that Hodges was driving while intoxicated and was justified in conducting field sobriety tests.

Questions Presented

  1. Whether the trooper had reasonable, articulable suspicion that Hodges was driving under the influence sufficient to extend the traffic detention and administer field sobriety tests.
  2. Whether the trial court properly denied Hodges's motion to suppress evidence.

Disposition

affirmed

Cases Cited (13)

  • Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)(applied)
  • State v. Andrews, 57 Ohio St.3d 86, 87, 565 N.E.2d 1271 (1991)(applied)
  • State v. Burnside, 100 Ohio St.3d 152, 2003-Ohio-5372, 797 N.E.2d 71, ¶8(applied)
  • State v. Brooks, 75 Ohio St.3d 148, 154, 1996-Ohio-134, 661 N.E.2d 1030(applied)
  • State v. Medcalf, 111 Ohio App.3d 142, 145, 675 N.E.2d 1268 (4th Dist. 1996)(applied)
  • State v. Williams, 86 Ohio App.3d 37, 41, 619 N.E.2d 1141 (4th Dist. 1993)(applied)
  • State v. Gunther, 4th Dist. Pickaway No. 04CA25, 2005-Ohio-3492, ¶16(noted)
  • State v. Fanning, 1 Ohio St.3d 19, 20, 437 N.E.2d 583 (1982)(applied)
  • State v. Curry, 95 Ohio App.3d 93, 96, 641 N.E.2d 1172 (8th Dist. 1994)(applied)
  • State v. Robinette, 80 Ohio St.3d 234, 240, 685 N.E.2d 762, 767 (1997)(applied)

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