State v. Barner, Unpublished Decision (4-26-2002)
State v. Barner, Unpublished Decision (4-26-2002)
Opinion of the Court
Pursuant to 6th Dist.Loc.App.R. 12(C), we sua sponte transfer this matter to our accelerated docket and, hereby, render our decision.
Probable cause is required to effect an arrest. Probable cause exists when circumstances would warrant a prudent person to believe that a suspect has committed an offense. State v. Tibbets (2001),
Appellant was stopped for speeding at 2:30 a.m. on a Sunday morning. When the officer approached her vehicle he detected a mild order of an alcoholic beverage coming from appellant or her passenger. He asked appellant to blow into a portable breath testing device. The device registered the presence of alcohol even though appellant told the officer that she was the designated driver. The officer then had appellant perform a series of field sobriety tests upon which she performed poorly. Following this, the officer placed appellant in his police cruiser, at which point he noted a strong order of an alcoholic beverage and further observed that appellant had blood shot and glassy eyes. Appellant then admitted to consuming "three or four" beers. After her arrest, appellant registered a .152 on her breath test.
The initial stop of appellant's car was proper. She was speeding. No one contests this. Beyond that, the officer was able to articulate conditions warranting reasonable suspicion at each subsequent step of his investigation, which, in turn, justified the next step. Consequently, the trial court correctly refused to suppress the evidence collected from this stop. Accordingly, appellant's sole assignment of error is not well-taken.
Upon consideration whereof, the judgment of the Bowling Green Municipal Court is affirmed. Costs to appellant.
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Melvin L. Resnick, J., James R. Sherck, J., Richard W. Knepper, J., JUDGES CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.