Court of Appeals of Ohio, Twelfth District, Clermont
CRIMINAL APPEAL FROM CLERMONT COUNTY MUNICIPAL COURT Case No.
Vincent Faris, Clermont County Prosecuting Attorney, Nicholas
A. Horton, 76 South Riverside Drive, Batavia, Ohio 45103, for
Stephen Haynes, Clermont County Public Defender, Robert F.
Benintendi, 301 East Main Street, Batavia, Ohio 45103, for
1} Appellant, Bradley R. Leder, appeals the decision
of the Clermont County Municipal Court denying his motion to
suppress. For the reasons outlined below, we affirm.
and Procedural History
2} On May 29, 2018, a complaint was filed charging
Leder with operating a vehicle while under the influence of
alcohol in violation of both R.C. 4511.19(A)(1)(a) and
(A)(1)(d). The complaint also charged Leder with two
"turn signal violations" for failing to properly
use his turn signal in violation of R.C. 4511.39(A). The
charges arose after Trooper Haggerty with the Ohio State
Highway Patrol initiated a traffic stop of Leder's
vehicle after he observed Leder commit what he believed was
at least one, if not more, traffic violations; namely,
Leder's failure to properly use his turn signal in
violation of R.C. 4511.39(A) on two separate occasions, as
well as a marked lane violation in violation of R.C.
4511.33(A)(1). Leder later submitted to a breath-alcohol test
that indicated he had a breath-alcohol-content of .150.
3} On July 24, 2018, Leder filed a motion to
suppress. In support of his motion, Leder argued Trooper
Haggerty lacked a reasonable suspicion to initiate a traffic
stop of his vehicle. The trial court held a hearing on
Leder's motion on September 4, 2018. The lone witness to
testify at the suppression hearing was Trooper Haggerty.
Trooper Haggerty's testimony was supplemented by a video
recording of the traffic stop taken from Trooper
Haggerty's cruiser camera. The following is a summary of
Trooper Haggerty's testimony and evidence taken from that
4} On May 28, 2018 at 4:03 a.m., Trooper Haggerty
was parked perpendicular to I-275 looking east across all
three lanes of northbound traffic near Union Township,
Clermont County, Ohio. At that time, Trooper Haggerty
observed a vehicle pass his cruiser traveling nine miles per
hour below the posted 65 mile per hour speed limit. The
vehicle caught Trooper Haggerty's attention due to the
vehicles' "slow rate of speed." It is
undisputed that Leder was the driver of the vehicle in
5} Approximately 15 seconds after observing
Leder's pass, Trooper Haggerty pulled his cruiser onto
I-275 and began following Leder northbound towards the exit
ramp from I-275 to State Route 125. Upon his approach to the
exit ramp, Trooper Haggerty testified that he witnessed Leder
change lanes without properly using his turn signal in
violation of R.C. 4511.39(A). Pursuant to that statute,
"[w]hen required, a signal of intention to turn or move
right or left shall be given continuously during not less
than the last one hundred feet traveled by the
vehicle[.]" Specifically, as Trooper Haggerty testified:
So there's three lanes on the interstate, there's
three lanes and then there's an off ramp to 125 so he
merges onto the off ramp and then turns his turn signal on
late; if he used it properly he would have to use his turn
signal on 100 feet prior to changing lanes or turning right.
6} Similarly, when asked if it was his
"perception" that Leder was already in the exit
lane when he used his turn signal, Trooper Haggerty
Yes, he already changed lanes and then turned his turn signal
on. It would be the same as if I'm in the left lane then
I turn in the right and I'm in the right lane and then I
go and flick my turn signal on.
Trooper Haggerty testified he witnessed Leder commit this
traffic violation from approximately 900 to 1, 000 feet
behind Leder's vehicle.
7} Upon exiting onto the off ramp from I-275 to
State Route 125, Trooper Haggerty observed Leder travel down
the exit ramp towards a red traffic light. Trooper Haggerty
testified he then watched as Leder "rolls through the
red light, he doesn't blow it but he slightly rolls
through it" before making a right hand turn onto State
Route 125. Similar to Leder changing lanes from I-275 onto
the exit ramp to State Route 125, Trooper Haggerty testified
Leder made this right hand turn onto State Route 125
"and as he's making it he turns his right turn
signal on late again[.]" The video recording taken from
Trooper Haggerty's cruiser camera confirms this
8} Trooper Haggerty testified he then witnessed
Leder commit what he believed was a marked lane violation
when "his right two tires touch the white dotted line to
the right of the vehicle." Pursuant to R.C.
4511.33(A)(1), "[a] vehicle * * * shall be driven, as
nearly as is practicable, entirely within a single lane or
line of traffic[.]" As Trooper Haggerty testified while
watching the video recording taken from his cruiser camera:
Q: Okay, thank you, stop [the video recording]. I guess I
missed it, I didn't see any marked lanes violation there,
did you, Officer?
A: I did, sir.
Q: Where did you see it?
A: His right two tires touched the white dotted line,
doesn't go over the line, it just touches them.
Q: You were able to see that from your ...