Appeals Court Reverses Lakewood Drunken Driving Conviction

The Cuyahoga County Court of Appeals threw out a Fairport Harbor man’s 2010 conviction for drunken driving in Lakewood.

Richard Shelton III was found guilty in of drunken driving and a seat belt violation following a January 2010 traffic stop near the intersection of Athens and Clarence avenues.

Last week, the appellate court overturned the verdict, agreeing that Shelton and his attorney should have been granted a motion to suppress. 

The issue, according to the ruling, was that the police pulled Shelton over because he couldn’t see the license plate because it was covered with snow.

However, as the officer approached Shelton’s 2003 Mitsubishi Eclipse, the license plate was clear — the snow either fell off or the officer brushed it away.

Shelton refused a breathalyzer test and was arrested and charged with operating a vehicle under the influence of alcohol.

Shelton and his attorney, Richard Perez, argued that the officer didn’t have reasonable suspicion because the sole reason for the traffic stop was snow obstructing the license plate.

“The snow fell off the plate making it unobstructed before the officer initiated contact with him,” according to the court’s ruling. “Once (the officer) could read the license plate, he no longer had any reason to detain Shelton for an OVI investigation and should have sent him on his way.”

The ruling also noted that the appeals’ court finding may have been different had the officer notified Shelton as a courtesy that he was free to go, and “immediately noticed that Shelton was intoxicated.” 

The court tossed out Shelton’s conviction, along with punishment of 30 days in jail, one year of community control sanctions, $600 fine and two-year drivers license suspension.