Court of Appeals of Ohio, Third District, Auglaize
from Auglaize County Municipal Court Trial Court No. 2016 TRC
C. Wiesenmayer, II for Appellant
A. Catania for Appellee
Defendant-appellant, Cameron Guffey ("Guffey"),
brings this appeal from the March 3, 2017 judgment of the
Auglaize County Municipal Court convicting him of operation
of a vehicle with a prohibited alcohol concentration
("OVI"), in violation of R.C. 4511.1(A)(1)(d),
after a plea of no contest to this charge. For the reasons
that follow, we affirm the trial court's judgment.
and Procedural History
On October 2, 2016, at approximately 1:40 a.m., Patrolman
Jordan Reineke ("Patrolman Reineke"), was on patrol
when he observed the 2002 Oldsmobile driven by Guffey and
noticed the passenger side headlight out on the vehicle. (Tr.
3). Patrolman Reineke turned his car around to follow Guffey.
Patrolman Reineke followed Guffey as he made several turns
and eventually signaled for Guffey to pull over. Patrolman
Reineke interpreted Guffey's many turns as an attempt to
Patrolman Reineke approached Guffey's vehicle, informed
him of the reason for the stop, and asked Guffey for his
license, registration and proof of insurance. During his
initial contact with Guffey, Patrolman Reineke detected the
odor of an alcoholic beverage coming from inside Guffey's
vehicle. (Id.). Patrolman Reineke asked Guffey if he
had anything to drink that night and Guffey admitted to
consuming three to four beers. (Id.).
At this time, Patrolman Reineke had Guffey recite the
alphabet starting at the letter "D" and ending at
the letter "Q". (Id.). Next, Patrolman
Reineke asked Guffey to count backwards from 27 to 11. (Tr.
4). Guffey was unable to successfully complete these tasks.
(Id.). Patrolman Reineke then asked Guffey to exit
his vehicle for additional field sobriety tests, to which
Guffey refused. (Id.). Based on Guffey's evasive
driving, the odor of an alcoholic beverage emanating from his
vehicle, his admission to consuming three to four alcoholic
beverages, and his refusal to submit to additional field
sobriety tests, Patrolman Reineke determined Guffey to be
impaired and placed him under arrest for OVI.
After being transported to the Auglaize County Jail, Guffey
agreed to submit to a breath test. Patrolman Reineke read
Guffey the BMV form 2255. After the requisite twenty-minute
observation period, Patrolman Reineke requested Patrolman
Clark to administer a breathalyzer test on Guffey. A valid
sample was obtained and the test produced a result of .118 of
one gram by weight of alcohol per two hundred ten liters of
breath, indicating that the concentration of alcohol detected
in Guffey's breath exceeded the legal limit. (State's
Guffey was charged with OVI, in violation of
4511.19(A)(1)(a), operation of a vehicle with a prohibited
alcohol concentration, in violation of R.C. 4511.19(A)(1)(d),
and failure to illuminate both headlights, in violation of
R.C. 4513.04. Guffey entered a plea of not guilty to the
On November 10, 2016 Guffey filed a motion to suppress
challenging whether probable cause existed for his arrest and
whether Patrolman Reineke exercised the twenty-minute
observation period prior to obtaining a breath sample from
On January 6, 2017, a hearing was held on Guffey's motion
to suppress. The video of the stop was introduced as evidence
as well as the testimony of Patrolman Reineke. On January 13,
2017, the trial court issued its judgment entry overruling
the motion. A jury trial was set for February 13, 2017, which
was rescheduled to March 13, 2017. However, upon Guffey's
request, on March 3, 2017 the trial court accepted his plea
of no contest to the charge of OVI, in violation of R.C.
4511.19(A)(1)(d), and dismissed the other charges.
The trial court sentenced Guffey to twenty days in jail,
suspending all twenty days, and imposed a fine of $375. The
trial court also suspended Guffey's driver's license
for six ...