The officers' rights were violated, a defense attorney says.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
CORTLAND -- Tests to measure if a police captain was driving a cruiser while intoxicated should not be allowed as evidence in an upcoming trial, a defense attorney says.
Atty. Gary Rich filed a motion Wednesday in Central District Court asking Judge Thomas Campbell to have the evidence in Stan Lancey's case tossed. The motion was filed during a brief pretrial hearing.
Both Lancey and Rich declined to comment.
The motion states that Lancey's arrest was made in violation of his constitutional rights. It further states that Lancey was charged even though the arresting officer did not witness Lancey driving.
The chemical test to determine if Lancey had alcohol or drugs in his system was done without a warrant, the motion states.
Night of arrest
Ohio State Highway Patrol troopers arrested Lancey around 4 a.m. March 31 after the police officer was involved in a one-vehicle crash on state Route 46 in Bazetta Township, a spokesman for the patrol said. He was on duty at the time of the crash.
According to the patrol report, Police Chief Gary Mink called the state patrol to report the crash. Lancey told Mink a deer ran out in front of him and that he swerved to miss it, struck the deer and possibly struck a sign as well.
Mink said he gave Lancey a breath test, but it registered no alcohol in Lancey's breath. Lancey also denied drinking alcohol in the last 24 hours, the report stated.
The trooper noted that Lancey's eyes were bloodshot and glassy.
Results of Ohio State Highway Patrol crime lab tests released May 3 show that Lancey had several prescription painkillers, including Oxycodone, in his system the night he crashed his cruiser.
Lancey told the trooper his doctor advised him to use care when operating a vehicle while taking the medications.
During Wednesday's hearing, Judge Campbell suspended Lancey's driver's license and ordered that Lancey turn over the license to the court before leaving the building.
Mink said Lancey has been on sick leave since his arrest. Lancey provided a doctor's excuse, Mink said.