State v. Kerr, Unpublished Decision (5-1-2002)
State v. Kerr, Unpublished Decision (5-1-2002)
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, William Kerr, has appealed the decision of the Medina Municipal Court, which denied appellant's motion in limine to prevent the introduction into evidence of field sobriety tests. This Court affirms.
Appellant was charged with operating a vehicle under the influence of alcohol, a violation of R.C.
Appellant timely appealed and has set forth one assignment of error for review.
THE TRIAL COURT IMPROPERLY RULED THAT THE FIELD SOBRIETY TESTS WERE ADMISSIBLE IN A DRIVING UNDER THE INFLUENCE CHARGE DESPITE THE OFFICERS' FAILURE TO STRICTLY COMPLY WITH THE STANDARDIZED PROCEDURES AS SET FORTH IN THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION STUDENT MANUAL.
Appellant has argued that the trial court erred in overruling his motion in limine.
A ruling on a motion in limine is an interlocutory ruling as to the potential admissibility of evidence at trial and cannot serve as the basis for reviewing error on appeal. State v. Grubb (1986),
In the case sub judice, appellant pled no contest rather than taking the case to trial. Accordingly, the issue is not properly before this Court. Appellant's sole assignment of error is overruled.
The decision of the Medina County Court of Common Pleas is affirmed.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Medina Municipal Court, County of Medina, 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). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to appellant.
Exceptions.
BAIRD, P.J., BATCHELDER, J. CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.