STATE v. RUEGSEGGER

No. 89AP030025.

64 Ohio App.3d 626 (1989)

The STATE of Ohio, Appellee, v. RUEGSEGGER, Appellant

Court of Appeals of Ohio, Tuscarawas County.

Decided September 28, 1989.


Attorney(s) appearing for the Case

James Range, Prosecuting Attorney, for appellee.

John M. Gartrell, Assistant County Public Defender, for appellant.


MILLIGAN, Judge.

On defendant's no contest plea, the New Philadelphia Municipal Court found defendant guilty of driving while intoxicated. R.C. 4511.19(A)(3). Defendant assigns as error:

"The trial court erred in ruling that as a matter of law, a jury shall be instructed to disregard any evidence of alcohol consumption between the time of an alleged driving offense and the administration of a BAC verifier test."

On January 17, 1988, between 12:05 and...

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