WILDER v. McCULLION

No. 15496.

7 Ohio Misc. 2d 6 (1983)

WILDER, APPELLANT, v. McCULLION, REGISTRAR, BUREAU OF MOTOR VEHICLES, APPELLEE.

Ashtabula Municipal Court, Ohio.

Decided July 7, 1983.


Attorney(s) appearing for the Case

Mr. William Kobelak, for petitioner.

Mr. Thomas J. Simon, assistant prosecutor, for respondent.


OLSEN, J.

The issue in this implied consent appeal has by agreement been limited to whether there was a refusal because of physical inability.

Petitioner-appellant, Doris L. Wilder, is a fifty-seven year old female who was apprehended for driving under the influence of alcohol on January 22, 1983, at about 6:45 p.m. She intended to take the intoxilyzer test and "blew real hard." However, after several attempts and repeated instructions, a sufficient volume...

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