OH9: Highly erratic driving with a near head-on collision and “glassy, bloodshot eyes” alone was RS for FST even without smell of alcohol

The video of defendant’s driving shows that he drove entirely into another lane and nearly had an accident with another vehicle. When stopped, he was cooperative, didn’t smell of alcohol, and denied drinking. He did, however, have “glassy, bloodshot eyes, which are often, but not always, an indication of impairment. See State v. Lucking, 12th Dist. Butler No. CA2002-12-303, 2004-Ohio-90, ¶ 11 (‘[W]e find that glassy, bloodshot eyes are generally accepted as classic indicia of intoxication.’). Thus, based on the totality of the circumstances, we conclude that Trooper Ross possessed reasonable suspicion to administer the field sobriety tests in this case.” State v. Hochstetler, 2016-Ohio-8389, 2016 Ohio App. LEXIS 5240 (9th Dist. Dec. 27, 2016).*

The trial court’s findings of justification for defendant’s stop and then his conviction for DWI was supported by competent evidence and is affirmed. State v. Curran, 2016-Ohio-8502, 2016 Ohio App. LEXIS 5330 (9th Dist. Dec. 30, 2016).*