Winegar v. Greenfield Police Department

In Winegar v. Greenfield Police Department, Highland App. No. 00CA18, 2002 Ohio 2173, the Court expressly rejected the argument that the nuisance exception as set forth in R.C. 2744.02(B)(3) applies to erratic drivers on public highways. The Court specifically found that "there is no case law finding that an illegal activity such as drunk driving is a nuisance pursuant to R.C. 2744.02(B)(3)." Id. at P42.