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SIEGWALD v. CURRY

No. 73AP-457.

40 Ohio App. 2d 313 (1974)

SIEGWALD, APPELLEE, v. CURRY, REGISTRAR, BUREAU OF MOTOR VEHICLES, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided April 23, 1974.

Attorney(s) appearing for the Case

Messrs. Tyack, Scott & Colley, for appellee.

Mr. George G. Smith, prosecuting attorney, Mr. Miles C. Durfey, Mr. Stephen M. Miller and Mr. Ronald J. O'Brien, legal intern, for appellant.

WHITESIDE, J.

This is an appeal from a judgment of the Franklin County Municipal Court (39 Ohio Misc. 16), which refused to impose the suspension provided by R. C. 4511.191 for a refusal to take a chemical test. It predicated its decision upon the finding by the trial court that the plaintiff did not refuse to take the test, but merely requested that she be permitted to exercise...

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