State v. Wireman

Evans, Presiding Judge.

This is an appeal by the state of Ohio from a judgment of the Municipal Court of Defiance granting appellee’s motion to suppress evidence supporting the state’s charge that appellee was driving while intoxicated in violation of R.C. 4511.19(A)(3). After conducting a hearing the court concluded “the State of Ohio [had] failed to sustain it’s [sic ] burden of proof and did not have probable cause to stop and detain the Defendant.”

The state’s single assignment of error reads:

“The trial court erred in finding that the appellee’s motion to suppress evidence was well taken as…