State v. Nelson

Citations

• 2017 Ohio 2884

Syllabus

Trial court did not err in granting defendant's motion to suppress evidence. There was a reasonable, articulable basis for a traffic stop based on defendant's driving outside the marked lane however, the trial court did not err in determining that, based on a totality of circumstances, \moderate\ odor of an alcoholic beverage and bloodshot, watery eyes, as well as some ambiguity about whether defendant knew what day it was, did not constitute reasonable, articulable suspicion justifying field sobriety tests. Judgment affirmed. (Tucker, J., dissenting).