State v. Schmitt

801 N.E.2d 446, 101 Ohio St. 3d 79
CourtOhio Supreme Court
DecidedJanuary 21, 2004
DocketNos. 2002-1807 and 2002-2015
StatusPublished
Cited by190 cases

This text of 801 N.E.2d 446 (State v. Schmitt) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Schmitt, 801 N.E.2d 446, 101 Ohio St. 3d 79 (Ohio 2004).

Opinions

Francis E. Sweeney, Sr., J.

{¶ 1} In case No. 2002-1807, in June 2001, a state trooper stopped a vehicle driven by defendant-appellee, Kevin K. Schmitt, on State Route 219 in Mercer County after observing Schmitt weaving and driving left of center. The trooper smelled a strong odor of alcohol on Schmitt and observed that Schmitt was glassy-eyed and that his speech was slow. The trooper conducted three field sobriety tests: the horizontal gaze nystagmus test (“HGN”), the one-leg-stand test, and the walk-and-turn test. During these exercises, the trooper observed Schmitt’s poor balance and inability to follow certain instructions. Schmitt also took a portable breath test, which yielded a result of .143 percent. Based upon the results of these tests and his observations, the trooper placed Schmitt under arrest for driving under the influence (“DUI”). Schmitt refused to take a breathalyzer test.

{¶ 2} Having been convicted of three DUI offenses within the last six years, Schmitt was indicted on a charge of a felony DUI pursuant to R.C. 4511.19(A)(1). Schmitt filed a motion to suppress all testimony related to the field sobriety tests. For purposes of the motion, the parties stipulated that the field sobriety tests were not administered in strict compliance with National Highway Traffic Safety Administration (“NHTSA”) standards. The trial court granted the motion to suppress. In a two-to-one decision, the court of appeals for Mercer County affirmed the decision of the trial court, citing State v. Homan (2000), 89 Ohio St.3d 421, 732 N.E.2d 952.

{¶ 3} This cause is now before the court pursuant to our allowance of a discretionary appeal.

[81]*81{¶ 4} In case No. 2002-2015, in April 2002, another state trooper observed defendant-appellant, Daniel Weirtz, speeding and weaving on Route 23 in Delaware County. Upon stopping Weirtz, the trooper smelled a strong odor of alcohol on him and noticed that Weirtz had slurred and muttered speech. Weirtz admitted that he had consumed four to five beers. The trooper administered the HGN test, the walk-and-turn test and the one-leg-stand test. The trial court later found that the HGN test was conducted in conformity with NHTSA standards and that Weirtz exhibited all six characteristics that signify intoxication. However, the walk-and-turn test and one-leg-stand tests were not administered in compliance with the NHTSA standards.

{¶ 5} Weirtz filed a motion to suppress any and all evidence obtained as a result of the stop, including the test results, statements he made, and “observations and opinions” of the trooper. The trial court initially overruled the motion to suppress. However, the court issued a subsequent entry in which it suppressed, for purposes of trial, any evidence concerning the “administration” of the walk-and-turn test and the one-leg-stand test. In a two-to-one decision, the court of appeals for Delaware County reversed. Although the court approved the trial court’s exclusion of the actual test results, it held that the trooper could testify as a lay witness about his observations regarding Weirtz’s performance on the tests.

{¶ 6} This cause is now before the court upon our determination that a conflict exists.

{¶ 7} In Homan, 89 Ohio St.3d 421, 732 N.E.2d 952, paragraph one of the syllabus, we held, “In order for the results of a field sobriety test to serve as evidence of probable cause to arrest, the police must have administered the test in strict compliance with standardized testing procedures.” In reaching this holding, we noted that even minor deviations from the standardized procedures can bias the test results. Quoting from an NHTSA manual, we stressed that “ ‘[i]f any one of the standardized field sobriety test elements is changed, the validity is compromised.’ ” Homan, 89 Ohio St.3d at 425, 732 N.E.2d 952. Therefore, we affirmed the judgment of the court of appeals, holding that the improper administration of the tests made their results inherently unreliable.

{¶ 8} We are initially asked to decide whether our holding in Homan precludes noncomplying field sobriety test results from admissibility at trial. The state argues that Homan is limited in its scope and that it excludes only the test results for probable-cause purposes. While we recognize that the holding of Homan addresses the probable-cause stage of litigation, we now extend our holding to the admissibility of such test results at trial. Whether there is probable cause to arrest depends upon whether an officer has sufficient information to cause a prudent person to believe that the suspect was driving under the [82]*82influence. Id. at 427, 732 N.E.2d 952. In the cases at bar, the issue is whether the elements of driving under the influence can be proven beyond a reasonable doubt. Since we required strict compliance with the field sobriety testing procedures to determine the lesser standard of probable cause, the same standard must apply to a determination of test-result admissibility at trial, where the standard of proof is higher and where the ultimate determination involves the defendant’s guilt or innocence. Therefore, we hold that the lower courts properly suppressed the test results where the tests were not administered in accordance with standardized testing procedures.

{¶ 9} Since our decision in Homan, the General Assembly has amended R.C. 4511.19.1 Under the amended statute, the arresting officer no longer needs to have administered field sobriety tests in strict compliance with testing standards for the test results to be admissible at trial. Instead, an officer may now testify concerning the results of a field sobriety test administered in substantial compliance with the testing standards. Id. Consequently, we recognize that this portion of our decision will have limited applicability.

{¶ 10} With regard to the second issue before us, the following question has been certified to our court: “Does State v. Homan [2000], 89 Ohio St.3d 421, 2000-Ohio-212 [732 N.E.2d 952], preclude a law enforcement officer from testifying at trial regarding observations made during a defendant’s performance of nonscientific standardized field sobriety tests when those tests are not administered in strict compliance with the National Highway Traffic Safety Administration Guidelines?” The defendants contend that where the underlying tests were administered improperly, the reliability of the entire test process is called into question and all facts and circumstances related to the testing, including officer observation, are unreliable and should be suppressed. Conversely, the state argues that even if the test results are excluded, the observations made by the arresting officer during even flawed test administration are proper lay testimony admissible under Evid.R. 701.

{¶ 11} In Homan, although we excluded the noncomplying field test results from our consideration, we nevertheless concluded that the totality of the [83]*83circumstances surrounding the defendant’s arrest supported a finding of probable cause.

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Cite This Page — Counsel Stack

Bluebook (online)
801 N.E.2d 446, 101 Ohio St. 3d 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schmitt-ohio-2004.