State v. Lewis

Citations

• 2026 Ohio 1937

Syllabus

OPERATING A VEHICLE WHILE IMPAIRED — MOTION TO SUPPRESS — PROSECUTORIAL MISCONDUCT— MANIFEST WEIGHT: The trial court did not err in overruling defendant's motion to suppress where the officer had probable cause to arrest him for driving impaired where defendant caused two collisions, had bloodshot eyes, an odor of alcohol, and slurred speech, exhibited slow motor skills, performed poorly on field-sobriety tests, and admitted to consuming alcohol. The prosecutor did not commit misconduct by shifting the burden of proof during closing argument where the prosecutor's remarks on defendant's failure to offer evidence to support his theory of defense were proper comments on the evidence. The defendant's conviction for operating a vehicle while impaired was supported by the weight of the evidence where the evidence established that the officer observed that defendant had bloodshot eyes, had an odor of alcohol, was mumbling and slurring his words, was unable to follow instructions, exhibited odd movements, admitted to alcohol consumption, and caused two car accidents.