State v. Lilly

Citations

• 2022 Ohio 3521

Syllabus

Trial court did not err in denying motion to suppress based upon continuation of the stop when officer testified to smelling the odor of an alcoholic beverage about the driver, slurred speech, sluggish movements, and an admission of drinking. This justified extending the stop to perform field sobriety tests. The trial court erred by finding the defendant guilty of an OVI with Refusal when the defendant was not charged with refusing the BAC test and actually performed the test in such a manner as to yield a valid result.