State v. Spillers

In State v. Spillers (March 24, 2000), Darke App. No. 1504, 2000 Ohio App, the officer was relying only on de minimus traffic violations, a 'slight' odor of alcohol, and the admission of alcohol consumption to justify the administration of field sobriety tests. The Court stated there that 'a slight odor of alcoholic beverage is insufficient, by itself, to trigger a reasonable suspicion of DUI, and nominal traffic violations, being common to virtually every driver, add nothing of significance. Accordingly, the Court concluded that the trial court did not err in finding that the detention of Spillers for the purpose of administering a field sobriety test was unlawful.' Spillers, supra.