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STATE v. HAMRICK

No. 94-TR-C-6425.

68 Ohio Misc.2d 6 (1994)

The STATE of Ohio v. HAMRICK.

Ashland Municipal Court, Ohio.

Decided October 20, 1994.

Attorney(s) appearing for the Case

W. David Montague, Assistant Director of Law, for the state.

Mason, Mason, Fridline & Sullivan and Thomas L. Mason, for the defendant.

HUGH I. TROTH, Acting Judge.

This court finds that the state has complied with the requirements of R.C. 4511.191 and the defendant's motion to exclude evidence of the defendant's refusal to take the breath test is OVERRULED on that issue.

There remains the further motion as to the relevancy of the refusal in a charge under R.C. 4511.19(A)(1) and that is the issue to be addressed in this opinion.

The defendant...

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