Trooper stops 3 suspected drunken drivers

Two suspects test below legal limit but still get charged with DUI.
Cary Ashby
Apr 22, 2014

The same state trooper stopped three suspected drunken drivers in slightly more than 24 hours.

Allen J. Bischoff, 21, of 5015 Sherman Norwich Road, Willard, was stopped at 12:46 a.m. Friday at the intersection of Thomas and Sherman Norwich roads in Norwich Township. Trooper William Howard, of the state Highway Patrol's Norwalk post, warned Bischoff about a license plate light violation and charged him with driving under the influence.

Bischoff's breath had a blood-alcohol content level that tested at .074 percent, according to the trooper's report. The legal limit for drivers in Ohio is .08 percent.

Slightly less than three hours later, Howard stopped Timothy E. Kinton, 22, of 569 W. Pearl St., Willard, and warned him also about a license plate light violation. The traffic stop happened on Neal Zick Road near U.S. 224 in Willard.

Kinton's breath had a BAC that tested at .170 percent, according to the trooper's report. He was charged with DUI and a driver's license-related non-compliance violation.

At 3:12 a.m. Saturday, the trooper stopped Nicholas R. Gates, 25, of 7 Olive St., about a failure to dim his headlights. He was warned during the traffic stop on Ohio 162 in Fairfield Township.

Gates, who was charged with DUI, had a breath BAC of .077 percent, according to the trooper's report.

Sgt. Jason Demuth said there are two ways for people to be charged with DUI -- one, is an officer, sheriff's deputy or trooper observing signs of impairment (slurred speech, blood-shot eyes, etc.) and the other is through a breath test. He said if the suspect tests under the legal limit and they're charged with DUI, it's based on the officer's "observation of their impairment."

"You don't have to test at the legal limit to be charged with driving under the influence," Demuth said.

Comments

truckin

Not following??
If someone tested below at a time frame of after midnight?
One of 2 things..
they slept it off "mostly".
or sipped VERY slowly all night while socializing.
Either way a hat should be tipped to that person who ???
may have had one or 2 throughout the night but Not wasted..
This cop's perception stuff?
is just a little too communist for me..
I thought that is what the breathe/ blood test and limits resolved?
I would like to hear the tapes, maybe a little lip off action and someone wanted to show who's boss..
Not saying...just saying

Fairlybadboy

It is also lawful to pull over a motorist in ohio if the officer suspects they are speeding. Thinks they are speeding. Officers thinking. Warning. Warning Will Robinson.

Other less known "pull you over" just causes:

Driving under a faulty mustache.

Having your radio at 11.

Returning from the store, having just purchased the entire 'Breaking Bad' series, while intending to root for the bad guy.

Driving with an empty washer fluid reservoir.

Driving while drinking washer fluid.

Driving while smiling.

Driving with the officer's Spouse sitting on your lap.

mcgoff01

Seen several Hwy Patrol, Norwalk PD lights out, patrol cars idleing unattented, when are the police going police themselves.

But they can cover a good funeral at the Church.

luvblues2

Check license plate lights and turn signals EVERY damn time you leave from ANYWHERE, after midnight. If not, it WILL be an automatic ticket, guaranteed.

mcgoff01

Ask to verify, take pics. Their car as well.

observer1

Charging someone with a DUI even though they are under the limit has to be a fairly rare occurrence. Two in one night? This guy's got a problem.

NORBILLIES

Pathetic police work. Absolutely, pathetic.

In case you forgot, this local hero was one of the guys involved in the KKK "prank picture" from a few years back. Go figure.

mcgoff01

Was this him???

Curtis

You can be charged with DUI if your ability to operate a motor vehicle is appreciably impaired by the consumption of alcohol in whatever quantity. Yes, even under the legal limit of .08. It's a tough case for the cops to win! You will still need an experienced DUI attorney!

NWalk99

Good luck to the new Bar and Restaurant opening in town. I hope no one even has one with dinner unless someone with them is driving. Obviously even one drink is now too much.

KURTje

Moderators have removed this comment because it contained Personal attacks (including: name calling, presumption of guilt or guilt by association, insensitivity, or picking fights).

youvegotobekiddingme

It'll get thrown out. Did this guy take the portable or did he refuse and take it at the post? Doesn't read as if he did the field sobriety test. That one is set up to make even the most sober person fail.

Fairlybadboy

So..... If the legal limit is just an arbitrary recommendation to determine impairment, has anyone ever not been charged when he/she was just over the "legal" limit? Is it possible that though they technically trumped the numbers, they showed no impairment. For this snap judgement to be equitable, there has to be an example of this on record. And I have my doubts.
Stick to the numbers, officer. "Impairment" is far too subjective for high school diploma legislation.

truckin

Good question!
makes sense.. wondering now..

Gdusty86

Simple ,don't drink and drive .

truckin

How about this..
Global warming???
Simple, don't ever drive, only inhale never excel breathe, never pass gas.
Shall i go on... to show you just how ridiculous you sound.

Curtis

If you take the BAC test at the station, and test over the legal limit, you are normally charged with two (2) DUI's: one for testing over the "per se" limit and one for operating a motor vehicle while your ability to operate is impaired by consumption in whatever amount. You can only ever be convicted of one of the charges. If you are successful in suppressing the BAC reading, you can still be convicted of the impaired ability charge.

truckin

Thank for that straight to the point wrap up.
I don't drive drunk but not to say i have never had a cocktail at a steak house, then drove home..
So basically anyway you turn, if pulled over?..ticket!
Kind of like DOT, if don't kiss behind, they could always find something wrong with a trk?
You could take a brand new piece of equipment and red tag it if they wanted to.

shovelhead

This cop reminds me of that Worchester cop that ran around Huron County like a chicken with his head cut off 20 years ago or so. He used to do stupid crap like this to hard working people too.

Whoopball

This is the kind of overbearing government interference that is fueling incidents like the one at Bundy's ranch. I'm not a radical militiaman or over the top gun lover but the level of government intrusion is really becoming an issue. This is not the country I grew up in. Our middle class is no longer the richest in the world while our top 1% has gained more wealth than those in any other nation. The feeling of a paramilitary policeman with his boot on your neck and the frustrating lack of opportunity will surely swell the ranks of modern revolutionary groups.

KURTje

What's a matter Reflector? That is the same reason family stopped their interview with the OSP. People hate facts.