State v. Massie, 2007 Ca 24 (3-21-2008)

OPINION

{¶ 1} This matter is before the Court on the Notice of Appeal of Paul A. Massie, filed March 23, 2007. On August 31, 2006, at around 10:30 a.m., Officer Steve Cockrell of the Fairborn Police Department observed Massie traveling at an excessive rate of speed on West Dayton-Yellow Springs Road. Using radar, Cockrell clocked Massie's speed at 57 m.p.h. in a 35 m.p.h. zone. Cockrell initiated a stop of Massie's vehicle. When he approached Massie's car, Cockrell noticed three or four cans of beer on the passenger floorboard of the car. Massie smelled of alcohol. Massie was unable to locate…