State v. Greene

Citations

• 2019 Ohio 3155

Syllabus

CRIMINAL-AGGRAVATED VEHICULAR ASSAULT-OVI-SUPPRESSION OF EVIDENCE-PROBABLY CAUSE FOR ARREST-TOTALITY OF THE CIRCUMSTANCES-SUBSTANTIAL COMPLIANCE-COLLECTION AND HANDLING OF URINE SPECIMENS-REFRIGERATION REQUIREMENTS - Slight odor of alcohol along with observation of bloodshot eyes and lethargic speech provied probably cause for arrest for OVI during investigation of head-on collision resulting in serious injuries due to defendant's vehicle going left of center. Although observations of impairment may be explained by injuries sustained in an incident, they can equally be attributed to impairment from alcohol or drugs. Failure to document receipt of intravenous fluids on urine sample submitted for laboratory testing did not prevent the State from establishing substantial compliance with collection and handling requirements impposed by the Director of Health where the Director of Health imposed no such express requirement and the Ohio State Highway Patrol subsequently omitted this requirement from its laboratory policies and procedures. Ten day transit time for urine sample did not violate O.A.C. 3701-53-05(F), which only requires all urine samples must be refrigerated while not in transit.