State v. Stone, 2007-P-0048 (5-30-2008)

OPINION

{¶ 1} Defendant-appellant, Matthew D. Stone, appeals the judgment of the Portage County Court of Common Pleas, denying his Motion to Suppress. For the following reasons, we affirm the decision of the court below.

{¶ 2} On December 31, 2005, at approximately 9:17 p.m., Ohio State Highway Patrol Sergeant Brian Holt observed Stone traveling southbound on State Route 43. Using radar, Sergeant Holt determined Stone to be traveling 57 miles per hour. Sergeant Holt effected a stop of Stone for exceeding the posted speed limit of 45 miles per hour.

{¶ 3} As a result of the stop, Stone was…