Court of Appeals of Ohio, Fifth District, Fairfield
Appeal from the Municipal Court, Case No. TRC 1601012A
Plaintiff-Appellee TAMAS D. TABOR ASSISTANT CITY PROSECUTOR
Defendant-Appellant AARON CONRAD CONRAD WOOD LAW
JUDGES: Hon. Patricia A. Delaney, P. J. Hon. John W. Wise J.
Hon. Earle E. Wise, J.
Appellant Cameron Tipple appeals his conviction and sentence
entered in the Fairfield County Municipal Court on one count
of OVI, in violation of R.C. §4511.19(A)(1)(a),
following a plea of no contest.
Appellee is State of Ohio.
OF THE FACTS AND CASE
On January 29, 2016, Appellant Cameron Tipple was stopped by
a trooper for the state highway patrol in Fairfield County,
Ohio, for making two turns without using a turn signal, first
when turning from Columbus Ave. onto Sixth Street, and again
when turning north from Sixth Street onto Memorial Drive.
Appellant also committed a lane violation by failing to turn
into the nearest lane of travel, instead pulling across a
lane of traffic into the left-most lane on Memorial Drive.
Upon making contact with Appellant, the trooper observed an
odor of alcohol coming from the vehicle and observed
Appellant's eyes to be bloodshot and glassy. Appellant
admitted to consuming alcohol, earlier in the evening.
The trooper conducted field sobriety tests on Appellant to
determine whether Appellant was impaired by the alcohol he
had consumed. The trooper did not conduct the HGN test in
substantial compliance with the NHTSA manual and the results
of the HGN test were later suppressed by stipulation of the
parties. The trooper observed one clue during the Walk and
Turn test, when Appellant stepped off the line twice while
walking. The trooper observed one clue during the One Leg
Stand test when Appellant swayed while balancing. Following
the completion of the field sobriety tests, Appellant
submitted to a portable breath test (PBT) with a result of
Subsequent to Appellant's completion of the field
sobriety tests and PBT, Appellant was arrested for operating
a motor vehicle while impaired in violation of R.C.
§4511.19(A)(1)(a) and R.C. §4511.19(A)(1)(D), and
was cited with a violation of R.C. §4511.39.
On February 3, 2016, Appellant appeared with counsel and
plead not guilty to all of the charges.
On February 16, 2016, Appellant filed a motion to suppress
evidence, arguing that there was not probable ...