STATE v. VAN FOSSEN

No. 83AP-995.

19 Ohio App. 3d 281 (1984)

THE STATE OF OHIO, APPELLEE, v. VAN FOSSEN, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided July 26, 1984.


Attorney(s) appearing for the Case

Gregory S. Lashutka, city attorney, Ronald J. O'Brien and David Tingley, for appellee.

Paul E. Webster, for appellant.


REILLY, J.

Defendant, Daryl Van Fossen, appeals from his conviction of operating a motor vehicle with a concentration of alcohol of .1 gram or more per two hundred ten liters of breath, R.C. 4511.19(A)(3), and speeding, entered by the Franklin County Municipal Court. He raises three assignments of error, as follows:

"1. The trial court erred in overruling the defendant's motion to dismiss the charges in that no circumstantial indication was present to provide...

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