Court of Appeals of Ohio, Fifth District, Fairfield
from the Fairfield County Municipal Court, Case No.
Plaintiff-Appellee: DANIEL E. COGLEY.
Defendant-Appellant: SCOTT P. WOOD.
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J.
Hon. John W. Wise, J.
Appellant Kimberlie B. Hoffman appeals from the January 12,
2017 Judgment Entry of the Fairfield County Municipal Court
incorporating the January 5, 2017 Entry overruling her motion
to suppress. Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
The following evidence is adduced from the record of the
hearing on appellant's motion to suppress, which alleged
the officer lacked reasonable and articulable suspicion to
stop appellant. The following facts, therefore, describe only
the events leading up to the O.V.I investigation and arrest.
This case arose on November 13, 2016, around 1:13 a.m., when
a Fairfield County resident called the Sheriff's Office
to report someone driving through fields in the area of
Havensport Road, just south of Carroll-Eastern Road. Deputy
Michael Ash reported to the scene and came upon a vehicle
stopped in the roadway on Havensport Road, facing southbound.
Ash testified the vehicle was in the immediate vicinity of
the complaint area and although the complainant had not
described the vehicle, Ash believed the stopped car could be
the vehicle involved. The vehicle was stationary with all
four tires on the paved portion of the roadway.
Ash described the area as "rural residential;"
there are homes in the area but not businesses. The immediate
area is grass and fields.
Ash stopped to check on the vehicle because it was out of
place. He spoke to the driver, appellant, through her window.
Ash asked if everything was O.K. and appellant said yes. She
said she had stopped the car to send a text and attempted to
pull away. Ash asked her to stop, pulled his cruiser in
behind her car, and turned on his overhead lights. Ash
testified that he noticed appellant's speech was slurred
and wanted to verify her well-being.
Appellant was ultimately charged by Uniform Traffic Ticket
(U.T.T.) with one count of O.V.I. pursuant to R.C.
4511.19(A)(1)(a), a misdemeanor of the first degree, and one
count of "stopping or parking on roadway" pursuant
to R.C. 4511.66, a minor misdemeanor.
Appellant entered pleas of not guilty and filed a motion to
suppress, arguing Ash had no reasonable and articulable
suspicion to stop her because her actions did not violate
R.C. 4511.66. The matter proceeded to evidentiary hearing on
January 4, 2017 and the trial court overruled the motion by
Entry dated January 5, 2017. Appellant then changed her pleas
to ones of no contest and was sentenced as a first-time
Appellant now appeals from the trial court's Final