Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Nethers

Court of Appeals of Ohio, Fifth District, Licking

July 16, 2019

STATE OF OHIO Plaintiff-Appellee
v.
JARED NETHERS Defendant-Appellant

          Criminal Appeal from the Municipal Court Case No. 18 TRC 04238

          For Plaintiff-Appellee TRICIA M. MOORE ASSISTANT LAW DIRECTOR

          For Defendant-Appellant KEVIN J. GALL

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

          OPINION

          WISE, J.

         {¶1} Appellant Jared A. Nethers appeals his OMVI conviction (based on a prohibited concentration of a drug of abuse), following a no contest plea, in the Licking County Municipal Court. The Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.

         {¶2} On the evening of January 15, 2018, Trooper Jordan Daniel of the Ohio State Highway Patrol was driving in his marked cruiser on State Route 657 in Burlington Township, Licking County. The area roads on that date were snow-covered. Shortly before 7:00 PM, the trooper saw a 1997 Chevrolet SUV in a roadside ditch and stopped to assist. He thereupon made contact with Appellant Nethers, whom he identified as the driver of the vehicle. Appellant had his fourteen-year-old daughter with him.

         {¶3} Trooper Daniel later testified that he observed an odor of alcohol on appellant's breath as he spoke with him. He also observed appellant's eyes to be "glassy" and bloodshot. Supp. Tr. at 12. When asked, appellant admitted to having had one beer after work that day. Due to these observations, Trooper Daniels requested that appellant submit to field sobriety tests.

         {¶4} The first one administered was the horizontal gaze nystagmus ("HGN") test. Trooper Daniel recalled inter alia that "[d]uring the HGN [appellant] had to be instructed several times on how to follow my finger." Tr. at 29. The trooper concluded that appellant exhibited four out of six possible clues on this test. Tr. at 17.

         {¶5} Due to the snowy road conditions, Trooper Daniels did not administer the walk and turn or the one-leg stand test. Instead, he administered two additional, non-standardized tests: the "alphabet" test and the "flat finger dexterity" test, as further discussed infra. The trooper noted that these types of tests provide insight into a driver's ability to handle tasks under conditions of divided attention. Tr. at 23-24.

         {¶6} Based on his overall observations and appellant's performance of the aforesaid three tests, the trooper placed appellant under arrest for operating a vehicle while under the influence of alcohol and/or a drug of abuse ("OMVI").

         {¶7} On January 17, 2018, appellant was charged (trial court case number 18-TRC-00630) with OMVI, in violation of R.C. 4511.19(A)(1)(a).

         {¶8} On February 22, 2018, appellant filed a motion for leave to file an untimely motion to suppress evidence under 18-TRC-00630. The trial court thereafter granted the request for leave to file.

         {¶9} On April 3, 2018, appellant was additionally charged (trial court case number 18-TRC-04238) with OMVI (based on an allegation of a prohibited concentration of a drug ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.