Statte v. Glime, Unpublished Decision (10-31-2001)
Statte v. Glime, Unpublished Decision (10-31-2001)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
Appellant, Zachary Glime ("Glime"), appeals the decision of the Oberlin Municipal Court convicting him of driving under the influence ("DUI"), in violation of R.C.
Deputy Greiner observed that Glime's eyes were bloodshot and glassy, and that his speech was slow and slurred. Deputy Greiner proceeded to administer field sobriety tests, but administered only a finger-to-nose test because Glime told the deputy that his leg was injured and he could not perform the one-leg stand or heel-to-toe test. Deputy Greiner testified that Glime could not keep his balance during the finger-to-nose test. Based upon his observations, Deputy Greiner placed Glime under arrest for DUI.
On October 17, 2000, Glime filed a motion to suppress the results of the field sobriety test, asserting that the National Highway Traffic Safety Administration does not recognize the finger-to-nose test as a reliable test. He also asserted that the test itself was not administered in accordance with standardized procedures. After a hearing, the trial court denied the motion on December 19, 2000, without stating its findings of fact on the record. Glime then filed a request for essential findings of fact, pursuant to Crim.R. 12(E).3 The trial court never responded to this motion.
On April 24, 2001, Glime withdrew his plea of not guilty and entered a plea of no contest to the DUI charge. The trial court found him guilty and sentenced him accordingly.
Grime timely appealed, raising two assignments of error. For ease of discussion, we address Grime's second assignment of error first.
THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT DENIED APPELLANT'S PRETRIAL MOTION TO SUPPRESS THE RESULTS OF FIELD SOBRIETY TESTS USED TO SERVE AS EVIDENCE OF PROBABLE CAUSE TO ARREST.
In his second assignment of error, Glime argues that the trial court erred when it denied his motion to suppress the results of the finger-to-nose field sobriety test. Essentially, he argues that without the results of this test, Deputy Greiner lacked probable cause to arrest Glime for DUI. We disagree.
An appellate court will affirm a trial court's ruling on a motion to suppress if its findings are supported by competent, credible evidence.Tallmadge v. McCoy (1994),
Probable cause for arrest for DUI exists if, at the moment of arrest, the arresting officer had knowledge from a reasonably trustworthy source of facts and circumstances sufficient to cause a prudent person to believe that the suspect was driving under the influence of alcohol.State v. Homan (2000),
The record reflects that Deputy Greiner observed Glime driving his vehicle down the center of the road. After Deputy Greiner activated his lights and siren, Glime did not stop immediately, but continued driving. Deputy Greiner observed Glime's glassy, bloodshot eyes and his slow, slurred speech. Based of the totality of these observations, the deputy had probable cause to arrest Glime for DUI, even without the result of the field sobriety test. Glime has failed to demonstrate how he was prejudiced by the trial court's denial of his motion to suppress the field sobriety test. Therefore, Glime's second assignment of error is overruled.
THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN IT FAILED TO STATE ITS ESSENTIAL FINDINGS OF FACT ON THE RECORD AS REQUIRED BY CRIMINAL RULE 12(E) WHEN IT DENIED APPELLANT'S MOTION TO SUPPRESS.
In his first assignment of error, Glime asserts that the trial court erred when it did not state its essential findings of fact on the record in overruling Glime's motion to suppress in accordance with Crim.R. 12(E). This assignment of error lacks merit.
Crim.R. 12(E) applies to suppression motions. The rule states, in pertinent part, "[w]here factual issues are involved in determining a motion, the court shall state its essential findings on the record." In order to invoke this provision, a party must specifically request the trial court to state its essential findings of fact on the record. Statev. Benner (1988),
The Ohio Supreme Court has stated that a trial court is obligated to provide its essential findings of fact on the record, and failure to do so is error. State v. Brewer (1990),
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Oberlin Municipal Court, County of Lorain, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to Appellant.
Exceptions.
BATCHELDER, P.J., SLABY, J. CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.