Court of Appeals of Ohio, Fifth District, Fairfield
appeal from the Fairfield County Court of Common Pleas, Case
Plaintiff-Appellee CHRISTOPHER REAMER.
Defendant-Appellant JAMES MAYER III.
W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R.
Appellant Benjamin Hollinger ["Hollinger"] appeals
from the September 23, 2016 Order of the Fairfield County
Court of Common Pleas overruling his motion to dismiss on
double jeopardy grounds.
and Procedural History
The trial court found the following facts from the September
2, 2016 hearing.
On July 15, 2016, Hollinger pled guilty to an OVI offense in
Mansfield Municipal Court, his third OVI conviction in a
On July 18, 2016, Hollinger was cited at his home in Richland
County for OVI because of a call to the Ohio State Highway
Patrol at 1:19 p.m. regarding reckless driving and the
striking of a mailbox. Hollinger was allowed to remain at
home and the call was cleared at 3:07 p.m.
Shortly thereafter, Hollinger returned to his car and began
driving toward Hocking County. On Route 13 near Interstate 70
in Licking County, at approximately 4:24 p.m. the Ohio State
Highway Patrol was called to the scene of a hit-skip. A
driver at the scene stated, "I got ACDAd by a blue
vehicle." The driver's Chevy Malibu had been crashed
into and thereafter struck a utility pole.
Dwayne E. Bonham witnessed the hit-skip. He had followed
Hollinger from Utica, through Licking County to State Route
256 before losing sight of the Hollinger's vehicle.
At approximately 4:51 p.m., Trooper Myers of the Ohio State
Highway Patrol clocked Hollinger's vehicle traveling 86
M.P.H. on State Route 37 near Carroll-Eastern Road in
Fairfield County. The Trooper turned to follow Hollinger and
in less than a mile from his first sighting, the Trooper
found Hollinger involved in a two-vehicle accident. Hollinger
was transported to Fairfield Medical Center.
Because of Hollinger's actions on July 18, 2016, he was
charged with OVI in Licking County to which he pled ...