Wednesday, February 02, 2005

Raw Feed: Ohio Supreme Court Justice Arrested for DUI

WCHM Channel 4, the NBC affiliate in Columbus has posted the raw feed from the police cruiser that pulled over Ohio Supreme Court Justice Alice Robie Resnick. It's not pretty.
Resnick released a formal statement Wednesday afternoon about her arrest. "It is unfortunate that this situation has arisen after 22 years of sobriety," Resnick said. "For that, I extend my regrets to the citizens of Ohio. ... I will accept full responsibility for my actions."

The Wood County prosecutor said Wednesday that more charges might be filed against Resnick because she left the scene after being pulled over the first time by Bowling Green officers, NBC 4 reported.
Resnick registered a 0.216 blood alcohol content on an unofficial roadside test. She refused an official test when taken to the patrol post and her license was automatically suspended for one year.
The Highway Patrol started following the judge after a number of drivers called 911, Burton reported.

"I have a car right in front of me going on 75 South swerving all over the place, going across the median," one caller said.

"I got what looks like a drunk driver out here on 75 southbound, south of Toledo," another caller said.

Resnick pulled over at mile marker 173. "The way you were driving, I can't let you go on," an officer told Resnick.

The two troopers who pulled Resnick over called for a supervisor. Instead of waiting inside her car, Resnick confronted the two troopers, Burton reported.

"This is ridiculous," Resnick is heard saying on the in-cruiser camera. "There's nothing wrong with me." Resnick conversed with the troopers often during the stop.

"I've always said the Highway Patrol should drive us to work," Resnick told the officers at one point. "They do it for the U.S. Supreme Court. This is so embarrassing."

The trooper told Resnick that he could smell alcohol. "Come on," Resnick responded. "I have not been drinking. You know you are really infringing on my ... OK, I'm not going to [inaudible]." Resnick then returned to her vehicle.
UPDATE: Resnick has now entered a plea of Not Guilty.

UPDATE 2: The Toledo Blade has summarized some of Resnick's past rulings on DUI cases.

On the high court, Justice Resnick has ruled in a number of cases involving drunken-driving issues.

In a 1999 ruling involving a Lucas County case, she voted with a 4-3 majority to uphold the constitutionality of pulling a suspected drunken driver over based on solely on information supplied by a cell-phone caller.

In 2000, she was again part of a 4-3 majority in an Erie County case that warned police to strictly adhere to DUI field sobriety procedures or risk having convictions overturned.

William Meeks, a Columbus criminal-defense attorney who is not involved in this case, said he routinely warns clients not to take Breathalyzer tests after being pulled over for suspected drunken driver. He said the tests can be inaccurate, and that the courts, including the Ohio Supreme Court, have restricted the ability of the defense to successfully challenge them.

UPDATE 3: The Toledo Blade is now reporting that Resnick is planning to change her plea.

UPDATE 4: More video, including her first stop in Bowling Green where she drove away from with a BG officer leaning against her car.

UPDATE 5: Resnick changed her plea to guilty in court today: 6 month license suspension, $600 fine, and 3 days in a treatment center.