CLINE v. OHIO BUR. OF MOTOR VEHICLES

No. 90-1331.

61 Ohio St.3d 93 (1991)

CLINE, APPELLANT, v. OHIO BUREAU OF MOTOR VEHICLES, APPELLEE.

Supreme Court of Ohio.

Decided July 10, 1991.


Attorney(s) appearing for the Case

Plassman, Rupp, Hensal & Short and Peter D. Short, for appellant.

William R. Swigart, prosecuting attorney, and Roger D. Nagel, for appellee.


CACIOPPO, J.

The case before us raises questions with respect to the Ohio implied consent statute, former R.C. 4511.191. The issue presented is whether a licensee is subject to license suspension when he refuses to submit to a breathalyzer test on the grounds that the request was made more than two hours after he operated a vehicle while under the influence of alcohol on a public highway.

Appellant bases his refusal of the officer's request to submit to a...

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