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9th District: Alcohol, not medical issues, caused Wayne County crash
TRACEY BLAIR
Legal News Reporter
Published: December 16, 2019
A Wayne County Municipal Court did not lose its way by finding that alcohol impairment – rather than medical issues – led to a defendant’s car crash on Interstate 71, the 9th District Court of Appeals recently ruled.
Pete J. Godoy appealed his convictions for OVI and failure to control.
According to case summary, Ohio Highway Patrol Sgt. Brad Bishop responded to a crash call around 1:15 a.m. on June 6, 2017, on I-71 and saw Godoy alone in a considerably damaged truck on the side of the road. Godoy admitted to drinking one beer at dinner hours earlier and exhibited several indicators of alcohol impairment. Godoy performed poorly on three field sobriety tests and was arrested. He refused to submit to both breathalyzer and urine testing.
Godoy claimed he was not under the influence of alcohol while driving that night, but that medical issues and new prescription medication may have caused him to lose consciousness while driving, which led to the accident. He argued that he suffered a “cardiac event” while driving, lost consciousness, crashed his vehicle, and suffered a concussion, the symptoms of which Bishop misidentified as alcohol impairment.
After a trial, the court sentenced him to 30 days in jail for OVI, but suspended 27 days and allowed him to Godoy to attend a three-day driver intervention program in lieu of serving three days in jail. The court also ordered a one-year license suspension and a $375 fine. Godoy was placed on one year of community control and ordered 24 hours of community service. The court also ordered a $100 fine for failure to control.
Godoy was granted a stay of execution of his sentence. The appellate panel affirmed the convictions and sentence.
Ninth District Judge Thomas Teodosio noted in his opinion that in determining whether a defendant was under the influence of alcohol, the jury may properly consider evidence of his appearance and behavior, including his ability to perceive, make judgments, coordinate movements, and safely operate a vehicle.
“Moreover, we have stated that, in OVI prosecutions, the state is not required to establish that a defendant was actually impaired while driving, but need only show an impaired driving ability,” Teodosio added. (State v. Hill, 2013-Ohio-4022). “To prove impaired driving ability, the state may rely on physiological factors (e.g., odor of alcohol, glossy or bloodshot eyes, slurred speech, confused appearance) to demonstrate that a person’s physical and mental ability to drive was impaired. Furthermore, virtually any lay witness, without special qualifications, may testify as to whether an individual is intoxicated.”
Two different versions of events were presented at trial.
Bishop testified that he asked if Godoy was hurt at the scene, but Godoy said he was fine. Godoy told the sergeant he thought his tire blew out, so he pulled over and stopped. Bishop testified that Godoy’s eyes were glassy and bloodshot, and his speech was slurred. The sergeant detected a very strong odor of alcohol coming from Godoy.
Prior to administering field sobriety testing, the sergeant asked Godoy if he had any medical issues that might affect his performance. Godoy said he was taking beta blockers that could affect his performance on some tests.
Dr. John Andrefsky, a neurologist, testified at trial that he examined Godoy on June 2, 2017, and diagnosed him with an “essential tremor.” He prescribed a beta blocker used to control heart rate and blood pressure, as well as Ativan for anxiety.
After reviewing the police report and video, Andrefsky testified it was his opinion the cause of the accident was a drop in blood pressure and loss of consciousness. He said Godoy suffered a concussion during the accident, based on his review of the video and the symptoms Godoy reported to him weeks later.
Godoy testified at trial that he suffers from periodic heart arrhythmias and was diagnosed with a mitral valve prolapse around 2006. He claimed to never drink more than one or two drinks because it would affect his mitral valve prolapse, causing dehydration and worse palpitations.
Appellate judges Julie Schafer and Lynne Callahan concurred. The case is cited State v. Godoy, 2019-Ohio-4625.