LISBON Judge allows motions in trooper's DUI case

The prosecutor says there was probable cause for the arrest.
By NANCY TULLIS
VINDICATOR SALEM BUREAU
LISBON -- Attorneys have another month to file motions in the case of an Ohio State Highway Patrol trooper charged with driving under the influence of alcohol and speeding.
Donald Walker, 34, of the patrol's Southington post in Trumbull County, appeared Monday in Columbiana County Municipal Court with his attorney, Philip Vigorito of Warren.
Walker has pleaded innocent to both offenses and remains free on bond. If convicted of the misdemeanor charges, Walker faces up to six months in jail and a $1,000 fine.
Vigorito is seeking to challenge the blood-alcohol level evidence and the patrol's audio and video recording of Walker on June 11 on state Route 11 in Elkrun Township.
Motion to dismiss case
Judge Mark Frost granted Vigorito's request to file a motion by Oct. 15 to dismiss the case. The prosecution will argue against dismissal.
Vigorito said the tape only plays the audio portion of the test because Trooper William Sattler of the Lisbon post conducted the field sobriety tests at the rear of the cruiser instead of at the front.
The rear of the cruiser is out of the range of the video camera, which is mounted on the dashboard of the cruiser, Vigorito said.
Vigorito also said results of the Breathalyzer test given to Walker at the Lisbon post are in question, because routine testing after Walker took the test showed the Breathalyzer was not properly calibrated.
Prosecutor Shelli Petrella is arguing that Sattler had probable cause for the arrest. She called Sattler and Trooper Karen Brown to testify.
Brown was responsible for calibrating the Breathalyzer after Walker's test.
Her assertion
She said the Breathalyzer was calibrated properly on June 8, the weekly test before Walker was tested. She said that when she calibrated the Breathalyzer on June 15, it tested lower than it should because of an error on her part. When she corrected the error and redid the test, however, the machine calibrated properly.
Sattler told of stopping Walker about 11:25 p.m. He said Walker was traveling at a high rate speed, and clocked him on radar at 91 miles per hour. The speed limit on Route 11 is 65.
Sattler said Walker went by him and when he pulled out behind him and caught up to Walker's car, Walker pulled over before Sattler turned on the cruiser's lights and siren.
Sattler said Walker's face was flushed, his speech slurred and his eyes glassy. He cooperated fully and did not stagger when Sattler had him walk to the cruiser, he said.
Sattler said he does the field sobriety tests at the rear of the cruiser instead of at the front for safety reasons. In front of the cruiser he is between the cars, looking into the cruiser's headlights, and has his back turned to the vehicle he has stopped. He said none of those positions are safe for a trooper along the highway.
tullis@vindy.com