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State v. Bralek

Court of Appeals of Ohio, Ninth District, Summit

June 27, 2018

STATE OF OHIO Appellee
v.
CHRISTOPHER BRALEK Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE STOW MUNICIPAL COURT COUNTY OF SUMMIT, OHIO CASE No. 2017TRC02061

          MICHAEL T. CALLAHAN, Attorney at Law, for Appellant.

          AMBER ZIBRITOSKY, Law Director, and BRENDAN MACKIN, Assistant Law Director, for Appellee.

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER, Presiding Judge.

         {¶1} 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.

         I.

         {¶2} 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.

         {¶3} 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 misdemeanor.

         {¶4} 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 motion.

         {¶5} 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.

         {¶6} Bralek filed this timely appeal, raising one assignment of error for our review.

         II.

         Assignment of Error

         The law 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 ...


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