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State v. Delevie

Court of Appeals of Ohio, Fifth District, Licking

September 3, 2019

STATE OF OHIO Plaintiff-Appellee
v.
RAYMOND DELEVIE Defendant-Appellant

          Appeal from the Licking County Municipal Court, Case No. 18TRD13235

          For Plaintiff-Appellee: J. MICHAEL KING City of Newark

          For Defendant-Appellant: RAYMOND DELEVIE

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

          OPINION

          DELANEY, J.

         {¶1} Appellant Raymond Delevie appeals from the November 6, 2018 Court Entry of the Licking County Municipal Court. Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} This case arose shortly before 12:19 p.m. on October 5, 2018, in the eastbound traffic lanes of Interstate 70 in Bowling Green Township, Licking County.

         {¶3} Close to where the crash occurred, eastbound traffic consisted of three lanes. Near milepost 135, however, a flashing billboard indicated the right lane was closed due to construction. The right lane was closed at milepost 138, reducing eastbound traffic to two lanes.

         {¶4} Also near milepost 135 was a permanent sign warning drivers that the left lane ended in three-quarters of a mile. A second sign states the left lane ends and drivers must merge to the right.

         {¶5} Due to the right-lane closure and the left-lane termination, eastbound traffic was reduced to a single lane of travel: the center lane.

         {¶6} At the time of these events, traffic was heavy and moving slowly due to the right-lane closure. Eric Stone was operating his tractor-trailer "semi" eastbound, in the center lane. Near the point where the left lane ends, the roadway has a significant grade. Although Stone was only traveling about 10 miles per hour, he was accelerating to get the semi up the incline.

         {¶7} As the left lane was about to terminate, Stone observed a car to his left, in the terminating left lane. The driver, appellant, ran out of room in the left lane and entered Stone's lane of travel. The passenger-side mirror of appellant's car struck a side signal light located at the middle of the trailer.

         {¶8} Stone and appellant each drove on to a rest stop about four miles away before stopping and contacted the Ohio State Highway Patrol.

         {¶9} Trooper Sawyers was dispatched and investigated the crash. Stone said he had a dash camera, but the video was not working that day. Both drivers answered Sawyers' questions and completed written ...


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