FROM JUDGMENT ENTERED IN THE STOW MUNICIPAL COURT COUNTY OF
SUMMIT, OHIO CASE No. 2017TRC02061
MICHAEL T. CALLAHAN, Attorney at Law, for Appellant.
ZIBRITOSKY, Law Director, and BRENDAN MACKIN, Assistant Law
Director, for Appellee.
DECISION AND JOURNAL ENTRY
A. SCHAFER, Presiding Judge.
Defendant-Appellant, Christopher Bralek, appeals the denial
of his motion to suppress by the Stow Municipal Court. For
the reasons that follow, this Court affirms.
On March 12, 2017, Officer Myers of the City of Stow Police
Department was traveling southbound on Darrow Road in Stow in
the far right lane. Officer Myers twice observed a light
colored SUV also traveling southbound in the left lane drift
to the left toward the double yellow center line before
abruptly jerking back toward the white dotted line. Officer
Myers continued to follow the vehicle until he observed the
vehicle nearly strike the curb after turning westbound onto
Graham Road. At that time he initiated a traffic stop.
Officer Myers identified Bralek as the driver of the SUV.
Bralek was ultimately charged with one count of operating a
vehicle under the influence of alcohol, a drug of abuse, or a
combination thereof in violation of R.C. 4511.19(A)(1)(a), a
misdemeanor of the first degree, one count of operating a
vehicle under with a breath alcohol concentration in
violation of R.C. 4511.19(A)(1)(d), a misdemeanor of the
first degree, one count of weaving in violation of Stow
Codified Ordinance 331.34(B), a minor misdemeanor, and one
count of open container in violation of R.C. 4301.62, a minor
Bralek subsequently filed a motion to suppress and at the
hearing on the motion, the parties stipulated that the only
issue to be resolved was whether reasonable suspicion existed
to make the initial stop of the defendant's vehicle.
Following the hearing, the trial court denied Bralek's
Bralek pled no contest to each of the charges and the trial
court found him guilty on each count and sentenced him
according to law.
Bralek filed this timely appeal, raising one assignment of
error for our review.
enforcement officer that stopped [Bralek] in the matter [at]
hand, lacked the necessary reasonable suspicion of criminal
[activity] to make said stop, wherefore, his right to be free
from unlawful search and seizure was ...