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OH12: Admission driver had 8-10 drinks was cause for blood test

By John Wesley Hall, Jr.

Defendant’s admission that he had 8-10 beers and shots and slurred speech was probable cause justification for a blood draw under Schmerber. State v. Palmieri, 2010 Ohio 5667, 2010 Ohio App. LEXIS 4782 (12th Dist. November 22, 2010).* An officer saw a car parked in a subdivision under construction where there had been repeated thefts from the construction sites. He approached and found steamed up windows and defendant and his minor nephew. The nephew told the officer about sex in the car, but he didn’t want to get his uncle in trouble. The stop was valid, as was the arrest and then the impoundment and inventory of the car. State v. Klose, 2010 Ohio 5674, 2010 Ohio App. LEXIS 4786 (3d Dist. November 22, 2010).* Defendant drove too fast into an apartment building parking lot, and the police were called...continue to full post

Full post as published by Fourth Amendment on November 23, 2010 (boomark / email).