It was still the first day of the new year, but North Olmsted Police were already on track for their 95th police report of 2015 on January 1 about 10:30 p.m.
Traveling westbound on Lorain Rd in the left hand lane approaching Root Road, they observed a black vehicle making a right hand turn onto Root Road. The vehicle was completely in the southbound lane of Root Road.
Police turned around and then turned Northbound onto Root Rd. The suspect vehicle was straddling the center lines and weaving as it headed North on Root. The vehicle then turned left onto Byron .
Police activated their red and blue overhead emergency lights and stopped the vehicle. They radioed in the license plate number to dispatch.
An officer exited his patrol car and approached the vehicle and asked the driver for his driver’s license. At this time, the officer could detect an odor of an alcoholic beverage coming from or about the driver’s person. As the driver was looking for his driver’s license, the officer could see it in the left portion of his wallet. The driver actually removed a credit card and went to hand it to the policeman. The driver finally located his license and handed it to the officer.
The suspect’s words were a bit slurred and his eyes were glassy and red. His female passenger was being disruptive while talked to the suspect. The officer had to tell her to be quiet and the suspect had to tell her the same.
The officer returned to his patrol car and requested another officer for field sobriety testing.
Upon the second officer’s arrival, police retured to the car and asked the suspect to exit the car for field sobriety testing.
While police tried to explain the testing to the driver, the passenger started to exit the car. Both officers told her to get back into the car. Eventually, one of the officers had to assist the passenger back into the car.
Police then told the driver/suspect they would demonstrate and explain each test to him: That he was not to start a test until he was told to do so and that police would answer any question about a test before he started it. Police asked the suspect if he understood. He said yes.
Police had the suspect perform the following field sobriety tests:
One legged stand: The suspect attempted this test several times. Three times, he put his foot down at 7 and once at 6. He was hopping and swaying, almost falling down once.
Finger dexterity: Police demonstrated the test twice counting 1 to 4 and back 4 to I touching finger tips to the thumb. Police asked the suspect to perform the test four times. He was unable to count 1 to 4 and back 4 to I and touch his fingertips to his thumb. The suspect did this three times with his right hand and then tried to do it twice with his left hand.
Heel to toe: The suspect had to raise his arms to keep his balance. Steps 3, 5 and 6 down were not heel to toe. Steps 5 to 9 back were not heel to toe.
HGN (horizontal gaze nystagmus): There was no smooth pursuit in either eye, nystagmus at 45 degrees and at maximum deviation.
At this time, Police placed the suspect under arrest for OVI. Suspect advised of his Miranda warning and he said he understood them. Suspect was transported to NOPD for breath test.
A Sargent administered the breath test to suspect with a BAC of .212oA.
Suspect was charged with OVI BAC (over .17%o) ORC and marked lanes of travel 33 1.08 NOCO. He was released on two signature bonds with a Rocky River Muni Court date of January 6,2015 at 9:00 AM.
Police arrested and cited the passenger for DCI 509.03b2 NOCO because she was too intoxicated to care for herself. While in NOPD jail, the passenger/suspect was continually loud and disruptive. She was eventually released to a sober person.