STATE v. CUNNINGHAM

No. 08 MO 8.

2009 Ohio 4394

State of Ohio, Plaintiff-Appellee, v. Kenneth Cunningham, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Monroe County.

Dated: August 21, 2009.


Attorney(s) appearing for the Case

Attorney L. Kent Riethmiller, Prosecuting Attorney, Attorney Thomas Hampton, Assistant Prosecuting Attorney, 101 North Main Street, Room 15, P.O. Box 430, Woodsfield, Ohio 43793, for Plaintiff-Appellee.

Attorney Mark Morrison, 117 North Main Street, Woodsfield, Ohio 43793, for Defendant-Appellant.

Before: Hon. Joseph J. Vukovich, Hon. Cheryl L. Waite, Hon. Mary DeGenaro.


OPINION

VUKOVICH, P.J.

¶{1} Defendant-appellant Kenneth Cunningham appeals the decision of the Monroe County Common Pleas Court which denied his motion to suppress in a prosecution for operating a motor vehicle while under the influence of alcohol (OVI). Appellant contends that the arresting officer lacked reasonable suspicion to stop his vehicle and then to administer field sobriety tests and thus lacked probable cause to arrest him. He...

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