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STATE v. SCHMITT

Nos. 2002-1807 and 2002-2015.

101 Ohio St.3d 79 (2004)

2004-Ohio-37

THE STATE OF OHIO, APPELLANT, v. SCHMITT, APPELLEE. THE STATE OF OHIO, APPELLEE, v. WEIRTZ, APPELLANT.

Supreme Court of Ohio.

Decided January 21, 2004.

Attorney(s) appearing for the Case

Andrew J. Hinders, Mercer County Prosecuting Attorney, and Matthew K. Fox, Assistant Prosecuting Attorney, for appellant in case No. 2002-1807.

James A. Tesno, for appellee in case No. 2002-1807.

Peter B. Ruffing, Delaware City Prosecutor, and Kyle Rohrer, Assistant City Prosecutor, for appellee in case No. 2002-2015.

Saia & Piatt, P.L.L., Jon J. Saia and Brian C.M. Forbes, for appellant in case No. 2002-2015.

William F. Schenck and Elizabeth A. Ellis, urging reversal in case No. 2002-1807 and urging affirmance in case No. 2002-2015, for amicus curiae Ohio Prosecuting Attorneys Association.

FRANCIS E. SWEENEY, SR., J.

{¶ 1} In case No. 2002-1807, in June 2001, a state trooper stopped a vehicle driven by defendant-appellee, Kevin K. Schmitt, on State Route 219 in Mercer County after observing Schmitt weaving and driving left of center. The trooper smelled a strong odor of alcohol on Schmitt and observed that Schmitt was glassy-eyed and that his speech was slow. The trooper conducted three field sobriety tests: the horizontal gaze nystagmus...

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