State v. Freitag, 07ca0082 (12-15-2008)

DECISION AND JOURNAL ENTRY

{¶ 1} Defendant-Appellant, Daniel Freitag, appeals from his convictions in the Wayne County Municipal Court. This Court reverses.

I

{¶ 2} On October 18, 2007, Freitag, his wife, Jane Freitag, and another passenger were returning to Freitag's business located on U.S. Route 42 in the Village of West Salem ("the Village") after having had dinner together in Wooster. Officer Ken Roth was parked just inside the Village limits on the side of U.S. Route 42 in a marked police car and observed Freitag approach in what appeared to be excess of the 35 miles per hour speed limit…