State v. Howiler, 06-Be-69 (3-17-2008)

OPINION

{¶ 1} Defendant-appellant, Ruth A. Howiler, appeals from her conviction in the Belmont County Court, Western Division, for operation of a motor vehicle while intoxicated (OVI). Howiler alleges that she was denied effective assistance of trial counsel. She first argues that counsel failed to present a witness, and second, that counsel failed to preserve for appellate review the trial court's decision on the motion to suppress.

{¶ 2} On July 27, 2006, Patrolman Chappell (Chappell) stopped Howiler for driving a vehicle with a loud exhaust system. When Chappell approached Howiler's window,…