STATE v. BOYD

No. 84-860.

18 Ohio St. 3d 30 (1985)

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

Supreme Court of Ohio.

Decided June 26, 1985.


Attorney(s) appearing for the Case

Reese D. Mills, law director, and Lawrence F. Miller, for appellant.

Inscore, Rinehardt & Whitney and John R. Enderle, for appellee.


O'NEILL, J.

R.C. 4511.19(A)(3) reads, in pertinent part, as follows: "(A) No person shall operate any vehicle, streetcar, or trackless trolley within this state if any of the following apply:

"* * *

"(3) The person has a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his breath;"

If the state is to be successful in the prosecution of a person charged with the violation of the preceding...

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