Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Municipal Court, Case No. 2018 TRC
PLAINTIFF-APPELLEE J. MICHAEL KING CITY OF NEWARK, ASSISTANT
DEFENDANT-APPELLANT DARRIN C. LEIST LEIST WARNER, LLC
William B. Hoffman, P.J Hon. John W. Wise, J. Hon. Patricia
A. Delaney, J.
Defendant-appellant, Ryan J. Eickstadt, appeals his
conviction entered by the Licking County Municipal Court for
being in physical control of a vehicle while under the
influence of alcohol, in violation of R.C. 4511.194,
following a jury's verdict of guilty to said charge. The
state of Ohio is plaintiff-appellee.
OF THE CASE
On July 2, 2018, Appellant was charged with one count of
operating a vehicle under the influence of alcohol (R.C.
4511.19(A)(1)(a)); one count of operating a vehicle under the
influence of alcohol (R.C. 4511.19(A)(2)(b)); and one count
of being in physical control of a vehicle under the influence
of alcohol (R.C. 4511.194).
The case proceeded to a jury trial held on February 7, 2019.
Following the close of the state of Ohio's case, the
trial court granted Appellant's Crim.R. 29(A) Motion for
Judgment of Acquittal as to both of the operating while under
the influence of alcohol charges. The case proceeded on the
physical control of a vehicle while under the influence of
alcohol charge. The jury rendered a verdict of guilty on that
charge. The trial court entered a conviction on said count
and sentenced Appellant accordingly.
OF THE FACTS
On July 1, 2018, at 4:24 a.m., Officer Mills of the Pataskala
Police Department was dispatched to the area of 279 Monarch
Street in Pataskala regarding a report of a suspicious
person. The report advised of a white male possibly passed
out behind the wheel of a dark colored sedan.
Deputy Wolverton of the Licking County Sheriff's Office
was in the area and located a vehicle legally parked with a
white male passed out in the driver's seat.
Officer Mills arrived at the scene and observed Appellant
seated in the driver's seat, slouched over the center
console with his head in the passenger area. Unopened cans of
beer were seen in the back seat. The keys were in the
vehicle's ignition, but no other indications of ...