Avon Lake Municipal Court
Docket entry on traffic case number TRC 2000640A

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Case Number: TRC 2000640A
Defendant(s): Case Sealed
    06/15/2020
    • CITATION FILED WITH COURT
    • CASE SET FOR ARRAIGNMENT ON 06-16-2020 AT 8:30 AM
    • MOVING VIOLATION COSTS FOR CASES ON & AFTER 10/16/09 $102.00
    06/16/2020
    • NOTICE OF APPEARANCE, NOT GUILTY PLEA, TIME WAIVER AND
    • REQUEST FOR PRETRIAL FILED BY FAX BY ATTORNEY GEOFFREY R.
    • SMITH
    • NOT GUILTY PLEA
    • TIME WAIVER FILED $5.00
    • CASE SET FOR A PRE-TRIAL ON 07/09/2020 AT 9:30 AM
    06/17/2020
    • DEFT'S MOTION FOR DISCOVERY AND MOTION TO PRESERVE EVIDENCE
    • FILED BY ATTY GEOFFREY SMITH
    • MOTIONS/REQUESTS10.00
    06/30/2020
    • PETITION FOR DRIVING PRIVILEGES FILED
    • MOTIONS/REQUESTS10.00
    • JOURNAL ENTRY (LIMITED DRIVING PRIVILEGES DURING ALS)
    • GRANTED FROM 6/30/20 TO 7/9/20 FOR OCCUPATIONAL, MEDICAL,
    • COURT & ATTY OFFICE APPEARANCES, NECESSITIES
    • ATTY SMITH'S OFFICE NOTIFIED (6/30/20) BY CLERK(KN)
    07/01/2020
    • DRIVING PERMIT ISSUED
    • DRIVER'S PERMIT10.00
    07/09/2020
    • DRIVING PERMIT ISSUED
    • SUBPOENA FEE $10.00
    • CASE CONTINUED DUE TO COVID-19
    • CASE SET FOR A PRE-TRIAL ON 08/27/2020 AT 9:30 AM
    07/10/2020
    • BAILIFF FEES $37.00
    08/27/2020
    • DRIVING PERMIT ISSUED
    • CONTINUANCE $10.00
    • CASE SET FOR A PRE-TRIAL ON 10/01/2020 AT 9:00 AM
    09/17/2020
    • DEFT'S MOTION FOR PRE-DISPOSITION SUSPENSION FILED
    09/18/2020
    • MOTION FOR PRE-DISPOSITION SUSPENSION GRANTED.PRETRIAL SUSP
    • ENSION IMPOSED TO AN INDEFINITE DATE WITH PRIVILEGES. ATTY
    • SMITH NOTIFIED.
    • DRIVING PERMIT ISSUED
    09/29/2020
    • MOTIONS/REQUESTS10.00
    • DEFENDANT'S MOTION FOR LEAVE TO FILE MOTION TO DISMISS,
    • MOTION IN LIMINE AND MOTION TO SUPPRESS EVIDENCE INSTANTER
    • MOTIONS/REQUESTS10.00
    • DEFENDANT'S MOTION TO DISMISS, MOTION IN LIMINE, AND
    • MOTION TO SUPPRESS EVIDENCE(ORAL HEARING REQUESTED)
    10/01/2020
    • DRIVING PERMIT ISSUED
    • CASE SET FOR A SUPPRESSION ON 11/12/2020 AT 10:30 AM
    • PRINTED NOTICE TO APPEAR FOR OFFICER TPR. M WEARSCH
    • AGENCY OSP STATE OF OHIO (OSP)
    11/12/2020
    • DRIVING PERMIT ISSUED
    11/16/2020
    • DECISION ON DEFENDANT'S MOTION TO SUPPRESS - SUMMARY:
    • 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 RC4511.19(A)(1)(A) AND IMPROPER LANE
    • CHANGE, A VIOLATION OF RC4511.33.
    • CONCLUSION:
    • THIS COURT FINDS THAT THE CIRCUMSTANCES ENCOUNTERED BY
    • TROOPER WEARSCH DO NOT JUSTIFY THE TRAFFIC STOP. THEREFORE,
    • THE MOTION TO SUPPRESS IS GRANTED AND THE COURT ORDERS THAT
    • THE EVIDENCE OBTAINED DURING AND AFTER THE STOP ARE NOT
    • PERMITTED TO BE PRESENTED AS EVIDENCE IN THIS CASE. IT IS
    • SO ORDERED.CC:PROS KRAY, ATTY GEOFFREY SMITH
    11/24/2020
    • CASE DISMISSED.
    • COSTS 214.00, SUSP .00
    • SPECIAL CONDITIONS:
    • FOR GOOD CAUSE SHOWN AND AT THE REQUEST OF THE PROSECUTOR,
    • THE ABOVE CAPTIONED CASE, BASED ON THE RESULTS OF
    • DEFENDANT'S MOTION TO SUPPRESS, IS DISMISSED AT STATE'S
    • COST.
    • CASE DISMISSED AT STATE'S COSTS.
    • CC: ATTY SMITH
    11/25/2020
    • CASE DISMISSED - COSTS SUSPENDED $ -214.00
    04/16/2021
    • CASE SET FOR A MOTION TO SEAL ON 05/20/2021 AT 10:00 AM
    • APPLICATION FOR ORDER SEALING RECORD OF CONVICTION,FINDING
    • OF NOT GUILTY AND/OR DISMISSAL FILED BY ATTY SMITH
    05/20/2021
    • DEFENDANT IN COURT WITH HIS ATTY GEOFFREY SMITH ON A REQUEST
    • TO SEAL HIS RECORD.PROSECUTOR KRAY HAS AN OBJECTION TO THE
    • REQUEST DUE TO IT BEING A TRAFFIC CASE.
    • AFTER CASE LAW IS PROVIDED BY THE ATTY, PROSECUTOR WITHDRAWS
    • THE OBJECTION. COURT GRANTS THE DEFENDANT'S REQUEST TO SEAL
    • THE RECORD.
    • DEFENDANT IN COURT ON A MOTION FOR SEALING OF RECORD.COURT
    • TAKES TESTIMONY FROM THE DEFENDANT. GRANTS THE DEFENDANT'S
    • REQUEST TO SEAL THE RECORD.
    • THIS MATTER CAME ON FOR HEARING ON THE APPLICATION OF DEFEN-
    • DANT TO SEAL THE RECORD IN THIS CASE PURSUANT TO O.R.C. SEC.
    • 2953.32. IT IS THE FINDING OF THIS COURT THAT THERE MAY BE A
    • SEALING OF THE RECORD AND IT IS SO ORDERED.
    • IT IS FURTHER ORDERED THAT A CERTIFIED COPY OF THIS ORDER
    • SHALL BE SERVED BY THE CLERK OF COURTS ON THE OHIO STATE
    • HIGHWAY PATROL., LORAIN COUNTY SHERIFF'S DEPT, AND THE OHIO
    • BUREAU OF CRIMINAL INVESTIGATION.