Avon Lake Municipal Court
Docket entry on traffic case number TRC 1900415A

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Case Number: TRC 1900415A
Defendant(s): Pete, Michael K
    04/22/2019
    • CASE WAS FILED WITH COURT
    • CASE SET FOR A ARRAIGNMENT ON 04/24/2019 AT 8:30 AM
    • MOVING VIOLATION COSTS FOR CASES ON & AFTER 10/16/09 $102.00
    04/24/2019
    • NOT GUILTY PLEA
    • CASE SET FOR A PRE-TRIAL ON 05/15/2019 AT 9:00 AM
    • BOND SET AT $1,000.00 PERSONAL
    • BOND POSTING5.00
    • MOTIONS/REQUESTS10.00
    • MOTION FOR DRIVING PRIVILEGES FILED
    • MOTIONS/REQUESTS10.00
    • MOTIONS/REQUESTS-10.00
    • JURY DEMAND10.00
    04/25/2019
    • JOURNAL ENTRY(LIMITED DRIVING PRIVILEGES DURING ALS)
    • GRANTED FROM 5/5/19 TO 5/15/19 FOR OCCUPATIONAL MEDICAL,
    • FOR DEFENDANT AND GRANDMOTHER, NECESSITIES.
    • ATTORNEY'S OFFICE NOTIFIED BY THE CLERK(KN)
    05/03/2019
    • DRIVING PERMIT ISSUED
    • DRIVER'S PERMIT10.00
    05/15/2019
    • MOTION TO EXTEND TIME FOR FILING PRETRIAL MOTIONS FILED BY
    • ATTY NICI(WILL BE ADDRESSED ON 5/29/19)
    • MOTION FOR DISCOVERY FILED BY ATTY NICI
    • MOTIONS/REQUESTS10.00
    • DRIVING PERMIT ISSUED
    • TIME WAIVER FILED $5.00
    • CASE SET FOR A PRE-TRIAL AND MOTIONS HEARING ON 5/29/19 AT
    • 9:00AM.
    05/29/2019
    • DRIVING PERMIT ISSUED
    • CASE SET FOR A SUPPRESSION ON 07/17/2019 AT 10:00 AM
    • PRINTED NOTICE TO APPEAR FOR OFFICER SOTO, JOSE
    • AGENCY SV VILLAGE OF SHEFFIELD
    06/06/2019
    • MOTION TO SUPPRESS ORAL HEARING REQUESTED;MOTION TO TERMI-
    • NATE ALS
    • MOTIONS/REQUESTS10.00
    07/17/2019
    • CASE CONTINUED AT THE REQUEST OF THE PROSECUTOR
    • CASE SET FOR A SUPPRESSION ON 08/21/2019 AT 10:00 AM
    • PRINTED NOTICE TO APPEAR FOR OFFICER SOTO, JOSE
    • AGENCY SV VILLAGE OF SHEFFIELD
    • DRIVING PERMIT ISSUED
    • SPOKE WITH ATTY NICI RE:ALS.ADVISED TO GIVE DEFT DRIVING
    • PRIVILEGES TO 7/19/19.DEFT WILL REINSTATE WITH THE BMV AT
    • THAT POINT.(DAR)
    08/21/2019
    • CONTINUANCE $10.00
    • CASE SET FOR A SUPPRESSION ON 10/09/2019 AT 10:00 AM
    • PRINTED NOTICE TO APPEAR FOR OFFICER SOTO, JOSE
    • AGENCY SV VILLAGE OF SHEFFIELD
    10/09/2019
    • CASE SET FOR A PRE-TRIAL ON 11/06/2019 AT 9:00 AM
    • RECORDING REQUEST FILED BY FAX BY ATTORNEY NICI
    • TRANSCRIPT REQUEST25.00
    10/10/2019
    • PAYMENT - RECEIPT NO. 1902900 IN THE AMOUNT OF $ 25.00
    10/11/2019
    • THIS MATTER COMES BEFORE THE COURT ON DEFENDANT'S MOTION TO
    • SUPPRESS EVIDENCE RELATED TO HIS ARREST AND THE CHARGES OF
    • OVI, A VIOLATION OF SHEFFIELD ORDINANCES 333.01(A)(1)(A)
    • AND(D) AND REASONABLE CONTROL, A VIOLATION OF ORD 333.08.
    • THE GROUNDS CITED IN THE MOTION AND AT THE HEARING ARE
    • THAT: 1. THERE WAS NO REASONABLE SUSPICION TO CAUSE THE
    • OFFICER TO CONDUCT AN INVESTIGATORY STOP, 2. THERE WAS NO
    • REASONABLE SUSPICION TO CAUSE THE OFFICER TO PERFORM FST'S,
    • 3. THERE WAS NO PROBABLE CAUSE TO ARREST, AND
    • 4. THE BREATH TESTING MACHINE WAS NOT PROPERLY CHECKED
    • AS REQUIRED BY OAC 37011-53-04(A).
    • IN THE PRESENT CASE THE DEFENDANT'S MOTION DID ASSERT THE
    • FAILURE OF THE VILLAGE TO CALIBRATE THE TESTING DEVICE.
    • THEREFORE THE PROSECUTION WAS COMPELLED TO PRESENT EVIDENCE
    • OF THE VILLAGE'S COMPLIANCE WITH THE RFI TEST. IT S FAILURE
    • TO PRESENT ANY EVIDENCE NEGATES THE SHIFT OF THE BURDEN TO
    • SHOW PREJUDICE AND REQUIRES THE COURT TO SUPPRESS THE
    • RESULTS OF THE BREATH-ALCOHOL REST. THE MOTION TO SUPPRESS
    • IS GRANTED IN PART TO EXCLUDE AS EVIDENCE THE RESULTS OF
    • THE HGN TEST AND THE BAC TEST. IT IS SO ORDERED.
    • COPIES TO: PROS NICHOL AND ATTY NICI
    11/06/2019
    • CONTINUANCE $10.00
    • CASE SET FOR A PRE-TRIAL ON 11/20/2019 AT 9:00 AM
    11/20/2019
    • FINE AMOUNT $150.00
    • PAYMENT - RECEIPT NO. 1903271 IN THE AMOUNT OF $ 332.00
    • DEF. PLED NO CONTEST, FOUND G, FINE 150.00, SUSP .00
    • COSTS 182.00, SUSP .00
    • SPECIAL CONDITIONS:
    • EXPLANATION OF RIGHTS MADE PART OF THE FILE.