state/city v. Babel, Unpublished Decision (6-28-1999)
state/city v. Babel, Unpublished Decision (6-28-1999)
Opinion of the Court
Defendant-appellant, Gretchen Babel, appeals the decision of the Mason Municipal Court denying her motion to suppress evidence, and her subsequent conviction for operating a motor vehicle under the influence of alcohol ("OMVI"). We affirm.
On September 2, 1998, at approximately 2:00 a.m., Deputy Scott Staverman of the Warren County Sheriff's Department was on traffic patrol in Deerfield Township. Staverman testified that he observed a vehicle, operated by appellant, proceeding northbound on Columbia Road, weaving within its marked lane. As appellant's vehicle approached Socialville-Foster Road, it veered across the center yellow line prior to making a left-hand turn from Columbia Road onto Socialville-Foster Road. As appellant made the turn, her vehicle swung wide and Staverman observed appellant's vehicle travel for fifty feet with both passenger-side tires approximately one foot off the right side of Socialville-Foster Road.
Staverman stopped appellant's vehicle. As he approached, Staverman detected a moderate odor of alcohol coming from the vehicle. Appellant admitted to Staverman that she had consumed three beers earlier that evening. Staverman administered four different field sobriety tests, and based upon appellant's poor performance, Staverman arrested appellant for operating a motor vehicle while under the influence of alcohol in violation of both R.C.
Appellant filed a motion to suppress which was heard on November 3, 1998. The trial court overruled appellant's motion. Appellant pled no contest to the R.C.
THE TRIAL COURT ERRED IN OVERRULING THE APPELLANT'S MOTION TO SUPPRESS EVIDENCE.
Under this sole assignment of error, appellant argues that Officer Staverman's stop of her vehicle was unconstitutional.
When ruling on a motion to suppress evidence, the trial court assumes the role of the trier of fact and is in the best position to evaluate witness credibility and weigh the evidence. State v.Heitzenrater (Dec. 7, 1998), Butler App. No. CA98-06-119, unreported, at 3, citing State v. Fanning (1982),
The Ohio Supreme Court has held: "[W]here an officer has an articulable reasonable suspicion or probable cause to stop a motorist for any criminal violation, including a minor traffic violation, the stop is constitutionally valid * * *." Dayton v.Erickson (1996),
We find that the trial court's decision was supported by substantial, credible evidence. Under Erickson, the stop of appellant's vehicle was constitutional because Staverman had probable cause to believe that appellant had committed a traffic violation: failure to travel within her marked lane in violation of R.C.
Judgment affirmed.
POWELL, P.J., and YOUNG, J., concur.
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