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State v. Murphy
Citations: 507 N.E.2d 409; 30 Ohio App. 3d 255; 30 Ohio B. 414; 1986 Ohio App. LEXIS 10084Docket: No. CA85-06-030
Court: Ohio Court of Appeals; February 27, 1986; Ohio; State Appellate Court
An appeal was heard from the Franklin Municipal Court regarding Penny Murphy, the defendant-appellant, who was involved in a vehicle accident on March 17, 1985. Murphy's vehicle struck the rear of another vehicle at the intersection of Cincinnati-Dayton Road and Roosevelt Boulevard. Trooper Brad Wilson arrived shortly after the incident and charged Murphy with failure to maintain an assured clear distance ahead and driving under the influence (DUI) of alcohol. Witness Sheila M. Selsor, the driver of the struck vehicle, testified that she was stopped at the light and had only begun to move when she was hit, resulting in her vehicle being towed due to damage. Wilson reported that Murphy was still in her vehicle, appearing nervous but without severe injuries. He detected a strong odor of alcohol and noted that her eyes were bloodshot and her speech slurred, though her speech seemed to improve over time. A blood test was conducted but was deemed inadmissible by the prosecutor, meaning it was not available to the trial court or the appellate court. The trial court found Murphy guilty of both charges. On appeal, Murphy contended that her DUI conviction was against the manifest weight of the evidence. The appellate court agreed, noting that without the blood-alcohol test results, the state needed to prove beyond a reasonable doubt that Murphy was under the influence at the time of the accident. The evidence suggested alternative explanations for her condition, including the stress of the accident itself, which could account for her nervousness and speech issues. The appellate court ruled that the state failed to meet its burden of proof regarding the DUI charge and reversed the trial court's judgment, remanding the case for further proceedings consistent with this decision. Judges Koehler, Jones, and Hendrickson concurred with the ruling.