Eighth District affirms suppression of field sobriety tests when officer was not trained on current NHTSA manual and failed to conduct the HGN, walk-and-turn, and one-leg-stand tests in substantial compliance.

City of Cleveland v. Krivich, 2016 Ohio 3072 (8th Dist.).

http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2016/2016-Ohio-3072.pdf

May 19, 2016

An officer who had been with the State Patrol for 16 years testified that he had received training on completing field sobriety tests when hired, and received updates after, but had not seen updated field sobriety test manuals. The Trial Court granted a motion to suppress based upon the tests not substantially complying with regulations. The 8th District affirmed the trial court's decision to suppress, providing a nice overview of the test requirements.

With regard to the Horizontal Gaze Test the 8th District observed that, the officer used his finger instead of a pen or object, did not position properly, did not give required instructions, and did not check the pupil sizes. With regard to the Walk and Turn test, the officer did not demonstrate the test. With regard to the One-Leg Stand, the State did not show that the officer told Krivich, that he must raise one leg, either leg, six inches from the ground and maintain that position while counting out loud for thirty seconds, or give instructions on the manner of counting or to continue to watch the raised foot.