SMITH v. STATE

No. 4391.

40 Ohio App. 2d 208 (1974)

SMITH, APPELLANT, v. THE STATE OF OHIO, REGISTRAR OF MOTOR VEHICLES, APPELLEE.

Court of Appeals of Ohio, Montgomery County.

Decided March 6, 1974.


Attorney(s) appearing for the Case

Rudd & Silverberg Co., L. P. A., for appellant.

Mr. Lee C. Falke, prosecuting attorney, Mr. Randal A. Anderson, Jr., and Ms. Cynthia C. Anderson, for appellee.


REILLY, J.

This is an appeal from an order of the third district Montgomery County Court suspending appellant's driver's license for six months.

Counsel for both parties cite the trial court's findings of fact and conclusions of law, to wit:

"The accused, Burtis Smith left the Shipwreck Bar about 9 p. m. and the accident occurred about 9:30 p. m. After 5 p. m. the accused admitted consuming five bottles of beer. He drove his motor vehicle from the...

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