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CINCINNATI v. SAND

No. 73-976.

43 Ohio St. 2d 79 (1975)

CITY OF CINCINNATI, APPELLEE, v. SAND, APPELLANT.

Supreme Court of Ohio.

Decided July 9, 1975.

Attorney(s) appearing for the Case

Mr. Thomas A. Luebbers, city solicitor, Mr. Paul J. Gorman and Miss Delores J. Hildebrande, for appellees.

Messrs. Beckman, Lavercombe. Fox & Weil, Mr. Bernard C. Fox and Mr. Frederick G. Cloppert, Jr., for appellant.

CELEBREZZE, J.

This case calls upon this court to construe the admissibility of the results of a Breathalyzer test under R. C. 4511.19. This section provides, in pertinent parts, as follows:

"No person who is under the influence of alcohol or any drug of abuse shall operate any vehicle, streetcar, or trackless trolley within this state.

"In any criminal prosecution for a violation of this section, or ordinance of any municipality relating to driving...

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