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State v. Hoffman

Court of Appeals of Ohio, Fifth District, Fairfield

November 7, 2017

STATE OF OHIO Plaintiff-Appellee
v.
KIMBERLIE B. HOFFMAN Defendant-Appellant

         Appeal from the Fairfield County Municipal Court, Case No. TRC1612185.

          For Plaintiff-Appellee: DANIEL E. COGLEY.

          For Defendant-Appellant: SCOTT P. WOOD.

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. W. Scott Gwin, J. Hon. John W. Wise, J.

          OPINION

          DELANEY, P.J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} 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.

         {¶3} 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.

         {¶4} Ash described the area as "rural residential;" there are homes in the area but not businesses. The immediate area is grass and fields.

         {¶5} 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.

         {¶6} 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.

         {¶7} 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 O.V.I. offender.

         {¶8} Appellant now appeals from the trial court's Final ...


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