State v. Browning, Ca2007-10-118 (6-16-2008)

OPINION

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals a decision of the Mason Municipal Court granting a motion to suppress the results of a breath alcohol test. For the reasons that follow, we reverse.

{¶ 2} In April, 2007, Deputy Shannon Mermann of the Warren County Sheriff's Office observed defendant-appellee, Kyle Browning, committing marked lane violations in Deerfield Township on Kings Island Drive at approximately 2:30 a.m. Deputy Mermann instituted a traffic stop when Browning arrived at his destination. Deputy Mermann detected a strong odor of alcohol on or about Browning's…