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Around 10:23 PM on August 22, 2024, Officer James Marcinko with the Athens Police Department observed a 2013 Subaru commit a traffic violation by making a right turn on red at the intersection of S Congress and W Union Street. There was a sign indicating that right turns were prohibited when the signal was red. He followed the Subaru westbound on W Union Street and initiated a traffic stop on W Union Street in the vicinity of Roberts Street.

He made with the female who was driving the Subaru, and she was identified as Jessica. After making contact with Jessica, Officer Marcinko detected the odor of alcohol and noticed indicators of impairment. When he asked her if she had consumed alcohol, Jessica initially admitted to consuming 1 drinks before later admitting to consuming 2 drinks earlier that evening. Based on his suspicions of impairment, Officer Marcinko asked Jessica to perform field sobriety exercises.

Officer Marcinko started with the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Officer Marcinko observed 6/6 indicators of impairment. The second exercise was the Walk and Turn test. During the Walk and Turn test, Jessica did not touch heel-to-toe on each step while turning improperly. The last exercise was the One Leg Stand test. During the One Leg Stand test, Jessica failed to raise her foot in the proper fashion and raised her arms for balance.

Based on her traffic violation, the odor of alcohol, her admission to consuming alcohol, and her inability to adequately perform the field sobriety exercises, Officer Marcinko placed Jessica under arrest for OVI. Officer Marcinko transported Jessica to the Athens Police Department for further processing.

At the station, Officer Marcinko read Jessica the OBMV 2255 form, but she refused to submit breath samples. After Jessica was processed, she was released pending her court appearance.

Officer Marcinko issued the following citations to Jessica:
-Operating a Vehicle Impaired (ORC 4511.19(A)(1)(a))
-Signs and Signals (Ordinance 7.01.10)
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Body worn camera footage is a matter of public record and can be shared freely. Sharing this video serves a compelling public interest because it is intended to illustrate the consequences of driving under the influence and discourage others doing so. All videos and case documents were obtained pursuant to the Ohio Public Records Act (ORC 149.43). Defendants are considered innocent until proven guilty.

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