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State v. Tipple

Court of Appeals of Ohio, Fifth District, Fairfield

May 11, 2017

STATE OF OHIO Plaintiff-Appellee
v.
CAMERON TIPPLE Defendant-Appellant

         Criminal Appeal from the Municipal Court, Case No. TRC 1601012A

          For Plaintiff-Appellee TAMAS D. TABOR ASSISTANT CITY PROSECUTOR

          For Defendant-Appellant AARON CONRAD CONRAD WOOD LAW

          JUDGES: Hon. Patricia A. Delaney, P. J. Hon. John W. Wise J. Hon. Earle E. Wise, J.

          OPINION

          Wise, John, J.

         {¶1} 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.

         {¶2} Appellee is State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶3} 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.

         {¶4} 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.

         {¶5} 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 0.121.

         {¶6} 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.

         {¶7} On February 3, 2016, Appellant appeared with counsel and plead not guilty to all of the charges.

         {¶8} On February 16, 2016, Appellant filed a motion to suppress evidence, arguing that there was not probable ...


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