STATE v. DOWNEY

No. 86AP-1032.

37 Ohio App. 3d 45 (1987)

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

Court of Appeals of Ohio, Franklin County.

Decided March 31, 1987.


Attorney(s) appearing for the Case

Ronald J. O'Brien, city attorney, James J. Fais and David E. Tingley, for appellee.

Robert M. Sanders, for appellant.


McCORMAC, J.

Mary Ann Downey, defendant-appellant, was charged with two counts of operating a motor vehicle under the influence of alcohol, both from the same incident, as well as speeding. Her motion to suppress the results of a breathalyzer test on the basis that there was a lack of probable cause was overruled, following which she entered a plea of no contest to the "per se" violation (R.C. 4511.19 [A][1]). The trial court found her guilty and she appeals asserting...

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