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STATE v. TANNER

No. 84-443.

15 Ohio St. 3d 1 (1984)

THE STATE OF OHIO, APPELLEE, v. TANNER, APPELLANT.

Supreme Court of Ohio.

Decided December 6, 1984.

Attorney(s) appearing for the Case

Mr. Edmund M. Sawan, for appellant.

Mr. Harold K. Stubbs, director of law, Mr. Gary Rosen, prosecuting attorney, and Ms. Elaine E. Davidson, for appellee.

Mr. Randall M. Dana, public defender, and Mr. Gregory L. Ayers, urging reversal for amicus curiae, Ohio Public Defender Commission.

LOCHER, J.

Appellant attacks the constitutionality of R.C. 4511.19(A) (2) on three grounds. For the reasons set forth below we reject appellant's contentions and affirm the court of appeals in upholding the constitutionality of R.C. 4511.19(A)(2).

R.C. 4511.19 states in pertinent part that: "(A) No person shall operate any vehicle * * * within this state if * * * (2) The person has a concentration of ten-hundreths of one per cent or more by weight of alcohol...

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