Appeal from the Municipal Court, Case No. 2012 TRC 7092
For Plaintiff-Appellee DAVID MONTAGUE
For Defendant-Appellant JAMES J. MAYER III
JUDGES: Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. Craig R. Baldwin, J.
(¶1} On September 2, 2012, Ohio State Highway Patrol Trooper Richard Pollard observed a vehicle weaving in the opposite lane of travel. Trooper Pollard turned his cruiser around and followed the vehicle, observing that the left turn signal was activated. When the vehicle did not turn left, Trooper Pollard activated his cruiser lights and stopped the vehicle. Operator of the vehicle was appellant, Ryan Coyle.
(¶2} As a result of the stop, appellant was charged with operating a motor vehicle under the influence in violation of R.C. 4511.19, having an expired driver's license in violation of R.C. 4510.12, and failure to control in violation of R.C. 4511.20.
(¶3} Appellant filed a motion to suppress, claiming an illegal stop. A hearing was held on November 13, 2012. At the conclusion of the hearing, the trial court denied the motion. The trial court's decision was journalized via judgment entry filed on January 18, 2013.
(¶4} On December 4, 2012, appellant pled no contest to the OVI charge. By journal entry filed same date, the trial court sentenced appellant to ninety days in jail, seventy-five days suspended.
(¶5} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:
(¶6} "THE TRIAL COURT'S FINDING THAT APPELLANT HAD HIS TURN SIGNAL ON FOR AN UNUSUALLY LONG PERIOD OF TIME IS NOT SUPPORTED BY COMPETENT, CREDIBLE EVIDENCE."
(¶7} "APPELLEE DID NOT MEET ITS BURDEN TO PROVE THAT TROOPER POLLARD HAD REASONABLE ARTICULABLE SUSPICION TO STOP APPELLANT'S VEHICLE, AND THEREFORE, THE TRIAL COURT ERRED IN ...