Two days ago, the Ohio Supreme Court issued a decision clarifying how specific a motion to suppress must be for the defendant to receive an evidentiary hearing on the motion. In State v. Codeluppi (2014), the Court concluded: "[A] highly detailed pleading of the facts and law is not required to satisfy the Shindler notice requirements and to trigger the right to a hearing on the motion to suppress." This conclusion affirmed the Court's decision from a decade ago in State v. Shindler (1994). The Codeluppi decision hopefully will end uncertainty about the specificity required for motions to suppress in Ohio DUI/OVI cases.
Ohio has a system for drug/alcohol testing and field sobriety testing in DUI/OVI cases. First, government agencies develop methods for alcohol/drug testing and field sobriety testing. Second, those government agencies issue regulations and manuals to ensure the tests produce reliable results. Third, law enforcement is trained to implement the testing methods according to the regulations and manuals.
Ohio law has a framework for uniformly litigating issues regarding the admissibility of evidence in DUI/OVI cases. Rather than addressing the science behind alcohol/drug testing and field sobriety testing in every individual DUI/OVI case, the litigation addresses whether law enforcement complied with the regulations, the manuals, and the Constitution. The prosecution must prove drug/alcohol tests and field sobriety tests were administered in substantial compliance with the regulations and manuals, and the prosecution must also prove the detention and arrest of the defendant were lawful. If the prosecution does not prove these things, evidence is excluded from trial.