State v. Kennedy, 2008 Ap 04 0026 (3-26-2009)

OPINION

{¶ 1} Appellant Sean Kennedy appeals his conviction on two felony OVI counts in the Court of Common Pleas, Tuscarawas County. Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.

{¶ 2} On June 9, 2007, Trooper Clinton Armstrong of the Ohio State Highway Patrol observed appellant driving erratically and with a loud exhaust on West High Avenue in New Philadelphia. The trooper followed appellant onto Interstate 77, southbound. After following appellant for a short time and observing lane weaving, the trooper effectuated a traffic stop along the…