New Cumberland man’s conviction overturned
EAST LIVERPOOL – The conviction of a New Cumberland, W.Va. man in East Liverpool Municipal Court has been overturned by the Seventh District Court of Appeals recently.
Mark R. Smith II, was convicted of OVI third offense on Jan. 9, 2013 in a written plea agreement, after previous attempts to get the evidence suppressed in the case failed. He was sentenced to 180 days in jail with 105 days suspended, fined $1,050 and had his license suspended for five years.
However, after looking at the case, the court of appeals ruled the OVI test results should have been suppressed because of the way the tests were conducted. However, the court did not rule the police officer did not have sufficient probable cause to check him for OVI as he was sitting glassy-eyed in the middle of the street on his motorcycle, which was still warm at the time.
The plea agreement, conviction and sentence was vacated. The court has been instructed to return the case to the active docket for further proceedings. Smith now has a status conference set in East Liverpool Municipal Court for Aug. 12 on the charge.