concluding that the testimony of an experienced police officer that a defendant appears to be under the influence of a drug of abuse at the time of arrest, paired with additional evidence that the defendant had ingested a drug of abuse, constitutes sufficient evidence to support a conviction for operating a vehicle while under the influence of a drug of abuse
How later courts described this case
- concluding that the testimony of an experienced police officer that a defendant appears to be under the influence of a drug of abuse at the time of arrest, paired with additional evidence that the defendant had ingested a drug of abuse, constitutes sufficient evidence to support a conviction for operating a vehicle while under the influence of a drug of abuse
Written by the judges who cited it.
The opinion
Lanzinger, J.,
dissenting.
{¶ 22} Based on the competing views of the evidence presented in the majority and dissenting opinions, it is clear that the issues raised in the certified conflict and the state’s proposition of law are obscured by the facts and that this case is not an optimal vehicle for making a statement of law on the questions before us. I respectfully dissent and would dismiss this case as having been improvidently accepted.