State v. McCaulley

Citations

• 2023 Ohio 1711

Syllabus

CRIMINAL - OVI R.C. 4511.19(A)(1)(a) Improperly Handling Firearms in a Motor Vehicle R.C. 2923.16(D)(1) Evid.R. 803(8)(b) admission of hearsay a police report was hearsay and not admissible because the statement in question was not based on the officer's firsthand observation. Standardized Field Sobriety Tests Vertical Gaze Nystagmus Test R.C. 4511.19(D)(4)(b) requires the State to show by clear and convincing evidence that field sobriety tests were administered in substantial compliance failure to challenge admissibility of field sobriety tests through motion to suppress results in waiver of issue Sufficiency of the evidence.