An Ohio State Highway Patrol trooper facing OVI and related charges is seeking to have his arrest tossed out as he returns to court Friday.
David G. Shockey, 44, was arrested shortly before 3 a.m. July 23 in the parking lot of a West Carrollton bar after a hit-and-run wreck, Miamisburg Municipal Court records show.
Shockey’s attorneys — the firm of Rion, Rion & Rion — want “an order suppressing the arrest and observations of the officer for reasons the officer lacked reasonable suspicion upon which to stop, detain or arrest” him, a court motion states.
Shockey was cited for OVI, failure to control and hit-skip on private property in connection to the crash, West Carrollton police records show. His attorneys entered not guilty pleas, court records state.
Shockey was placed on leave without pay after the charges, the state patrol said. He was reinstated fewer than two weeks later after he was granted limited driving privileges by Judge Robert W. Rettich III, court records show.
The arresting officer “did not perform the sobriety tests in substantial compliance with the procedures set forth in the National Traffic Highway Safety Administration manual and lacked probable cause to arrest” the 20-year veteran state trooper, court records state.
Shockey “was not given Miranda warnings prior to being detained” and due to “illegal arrest, defendant may have made some incriminating statements. Any statements made as a result of the faulty arrest must be suppressed,” the motion states. https://www.daytondailynews.com/news/crime–law/ohio-state-trooper-facing-ovi-wants-arrest-after-wreck-tossed/f6mGbcQYN0VOEh773oBUrJ/