The defendant-appellant in this case was pulled over under suspicion of
driving under the influence after a call from a concerned individual.
The patrol officer that pulled her over immediately noticed that the woman
had bloodshot and glassy eyes, a strong odor of alcohol and two beers
on her front seat, one of which was opened and the other unopened. After
making these observations, the patrol officer asked her to submit to standardized
field sobriety tests. The results of these tests warranted an arrest.
The defendant was taken to the Office of the
Knox County Sherriff where she was asked to take a chemical breath test. She failed
to comply and was cited with refusal. In this OVI case, the woman was
convicted for driving under the influence and endangering a child. She
appealed her conviction. In OVI prosecution, defendant waived challenge
at trial to execution of field sobriety tests where she did not challenge
the evidence with a motion to suppress since she withdrew motion, Crim.R.
12(D) and (H).
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