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Speeding Driver Arrested for OVI after Driving With her Passenger’s Daughter

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June 30, 2023

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Around 10:21 PM on May 22, 2023, Patrolman James Cervik of the Solon Police Department clocked a 2016 Volvo driving 84 MPH in a 60 MPH zone on US 422 eastbound. He proceeded to activate his emergency lights and initiate a traffic stop. He approached the vehicle and made contact with the driver, 22-year-old Arielle Nelson. As he was speaking with the driver, he detected the odor of marijuana and noticed that there was another passenger in the front, along with an unrestrained child in the back. When he asked the driver how much alcohol she had consumed, she acknowledged having 2 shots.

He asked Arielle for her identification and returned to his vehicle to run her license through the system. The system alerted him that her license was suspended while her passenger had warrants for her arrest. Based on his suspicion of impairment, Arielle was asked to exit the vehicle to perform field sobriety exercises. Officers Brown, Wagner, and Hermerlein also arrived on scene to assist. Before starting the field sobriety test, Patrolman Cervik asked Arielle to submit to a PBA test, which registered a BAC of 0.143%.

The first field sobriety exercise was the Horizontal Gaze Nystagmus (HGN) test. During this test, Patrolman Cervik observed a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees in both eyes. The second exercise was the One Leg Stand test. During the One Leg Stand test, Arielle continued was swaying and putting her foot down multiple times. The third exercise involved the Walk and Turn test. During the Walk and Turn test, Arielle did not touch heel-to-toe, stepped off the line multiple times, and failed to turn properly.

Based on her excessive speeding and her inability to adequately perform the field sobriety exercises, Patrolman Cervik placed Arielle under arrest for Operating a Vehicle Impaired (OVI). After she was placed under arrest, Officer Cervik searched her vehicle and found marijuana along with a bottle of tequila. Arielle was subsequently transported her to the Solon Jail for further processing. Once they were at the jail, she was read BMV Form 2255 and agreed to submit to a breath test. Her breath test registered a BAC of 0.14%.

Her passenger Jasmine Moore had warrants for her arrest from Bratenhal, Ohio. Ironically, her warrants were for a failure to appear for an OVI! However, Bratenhal P.D. did not want to take possession of Jasmine at the time. Instead, Jasmine and her child were transported by the Solon Fire Department to Ahuja Hospital for further evaluation.

After she was processed at the jail, she was taken before the court for a bond hearing and released on a $1500 personal bond. Her court hearing was set for May 26, 2023 at 1:30 PM. She was issued the following citations: OVI (4511.19A1A), BAC greater than 0.08 and less than 0.17 (4511.19A1h), driving under suspension (4510.16A), maximum speed limits (434.03), child restraint law (4511.81), and endangering child (2919.22).

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Guests & Subjects Covered

Around PMPatrolman James CervikSolon Police DepartmentArielle Nelson AsOfficers Brown WagnerPatrolman CervikHorizontal Gaze Nystagmus HGNOne Leg Stand

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