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STATE v. SARGEANT

No. 95-2429.

77 Ohio St.3d 161 (1996)

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

Supreme Court of Ohio.

Decided December 11, 1996.

Attorney(s) appearing for the Case

Bruce E. Fassler, Middletown City Prosecutor, for appellee.

Jackie Leigh Butler, for appellant.

The following three propositions of law are raised by appellant in this appeal:

"Proposition of Law No. I: The results of a breath alcohol test should be suppressed when one is not advised, pursuant to the requirements of R.C. 4511.19(D), of the right to an independent breath, blood or urine test.

"Proposition of Law II: Prosecution for a violation of R.C. 4511.19(A)(3) is barred by the Double Jeopardy Clause of Section 10, Article I of the Ohio Constitution...

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