State v. Henry, Ca2008-05-008 (1-5-2009)

OPINION

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals the decision of the Eaton Municipal Court suppressing evidence of field sobriety tests and finding that there was no probable cause to arrest defendant-appellee, Michael Henry, for driving a vehicle while under the influence of alcohol.

{¶ 2} On October 27, 2007, Ohio State Highway Patrol Trooper Nadi Graham observed a black sports utility vehicle traveling in excess of the posted speed limit on State Route 725 in the village of Gratis. Trooper Graham began to pursue the vehicle to conduct a traffic stop, and observed as the driver…