State v. Way, Ca2008-04-098 (1-12-2009)

OPINION

{¶ 1} Appellant, the state of Ohio, appeals the decision of Butler County Area I Court, suppressing evidence of the results of field sobriety tests and finding that there was no probable cause to arrest defendant-appellee, Jason Way, for driving his vehicle while under the influence of alcohol. We affirm in part, reverse in part and remand for further proceedings.

{¶ 2} On April 15, 2007, at approximately 2:35 a.m., Deputy Darron Rhodes, a member of the Butler County Sheriff's Office, Road Patrol Division, observed Way commit several marked lane violations while driving his pick-up…