State v. Brown

{¶ 31} I concur with the majority’s conclusion, under the first assignment of error, that the state failed to establish that Trooper Golias conducted the field sobriety tests in accordance with the National Highway Traffic Safety Administration standards.

{¶ 32} I disagree, however, with the majority’s conclusion, under the second assignment error, that Trooper Golias did not have probable cause to arrest appellant for driving under the influence of alcohol.

{¶ 33} “In determining whether the police had probable cause to arrest an individual for DUI,” the reviewing court must consider “whether,…