WARREN DUI case goes to trial

The state Supreme Court ruled that prosecutors could bring up the defendant's prior DUI convictions.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Opening statements were expected to begin today in a trial involving a nearly 4-year-old case of driving under the influence.
Atty. Roger Bauer, who represents David Flasck, 47, of Youngstown, said the trial is expected to last about two days.
Flasck faces one felony DUI count. If convicted, he could receive up to a year in prison.
Atty. Ken Bailey, an assistant Trumbull County prosecutor, said Flasck was arrested in Howland on the charge Oct. 14, 1998.
Court officials said Flasck has three DUI convictions.
Years before trial
Flasck's case took several years to get to trial because, in 1999, Bauer asked Judge John Stuard of Trumbull County Common Pleas Court to prohibit prosecutors from informing the jury of Flasck's previous DUI charges.
Bauer argued that telling the jury about the convictions would be a violation of Flasck's constitutional right to a fair trial.
Bauer added that normally jurors are not told about a defendant's convictions unless the defendant testifies during trial.
Judge Stuard agreed with Bauer, and the case was put on hold while prosecutors appealed the judge's decision.
The 11th District Court of Appeals upheld Judge Stuard's ruling, but last year the Ohio Supreme Court overruled the decision, sending the case back toTrumbull County.
Under Ohio law, a person's first three DUI charges are treated as misdemeanor cases and normally handled in municipal court.
After three DUI charges, the person faces a felony charge and the case is sent to common pleas court, court officials said.
sinkovich@vindy.com