COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 68199 CITY OF STRONGSVILLE : ACCELERATED DOCKET : Plaintiff-appellee : : JOURNAL ENTRY -vs- : AND : OPINION FRANK URBANCIC, JR. : : Defendant-apppellant : : PER CURIAM DATE OF ANNOUNCEMENT : OCTOBER 5, 1995 OF DECISION : CHARACTER OF PROCEEDING : Criminal appeal from Berea Municipal Court : Case No. 94-TRC-1294 JUDGMENT : AFFIRMED DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellee: For defendant-appellant: JOSEPH A. GAMBINO, ESQ. GREGORY SCOTT ROBEY, ESQ. Prosecuting Attorney Robey & Robey City of Strongsville 4825 Turney Road 11221 Pearl Road Cleveland, OH 44125 Strongsville, OH 44136 - 2 - PER CURIAM: This cause came on to be heard upon the accelerated calendar pursuant to App. R. 11.1 and Loc. R. 25, the records from the Berea Municicpal Court and the briefs of counsel. A police officer of the city of Strongsville arrested defendant Frank Urbancic on charges of operating a motor vehicle with a blood alcohol content in excess of .10. Defendant appeals the denial of his motion to suppress the results of the breathalyzer test. His two assignments of error argue the officer lacked probable cause to stop him because he relied on an unsubstantiated tip. The trial judge made the following findings of fact: "Timothy Morse testified he was a service station attendant, observed Defendant drive into the station on two flat tires, smelled a strong odor of alcohol about the Defendant, observed glassy eyes, saw Defendant hold on to objects as he walked and in Morse's opinion, Defendant was under the influence of alcohol. Morse called the police. Scott Rezabech, a police officer, arrived and observed Defendant struggling with a tire in the trunk of his car, Defendant was swaying and holding on to his car for support. Defendant was given field sobriety tests which he failed and an arrest was made." The assigned errors are overruled because the facts set forth by the trial judge fully support the conclusion the arresting officer could reasonably rely on the attendant's observations of defendant's operation of a motor vehicle to stop defendant and test him for consumption of alcohol. See Oregon v. Szakovits (1972), 32 Ohio St.2d 271; Beachwood v. Sims (1994), 98 Ohio App.3d 9, 17. - 3 - Moreover, the facts also indicate the officer's own observations of defendant's condition independently corroborated the attendant's observations. See Alabama v. White (1990), 496 U.S. 325; Beachwood v. Smolney (1991), 74 Ohio App.3d 756; State v. Rahmon (Oct. 28, 1993), Cuyahoga App. No. 63913, unreported. Judgment affirmed. - 4 - This cause is affirmed. It is ordered that appellee recover of appellant its costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Berea Municipal Court to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. CHIEF JUSTICE JOHN T. PATTON JUDGE SARA J. HARPER JUDGE JOSEPH NAHRA N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journaliza-tion, .