STATE v. HOCHHAUSLER

No. 95-1365.

76 Ohio St.3d 455 (1996)

THE STATE OF OHIO, APPELLEE, v. HOCHHAUSLER ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 30, 1996.


Attorney(s) appearing for the Case

Timothy A. Oliver, Warren County Prosecuting Attorney, Carolyn A. Duvelius, Assistant Prosecuting Attorney; Betty D. Montgomery, Attorney General, Jeffery S. Sutton, State Solicitor, Susan E. Ashbrook and Andrew S. Bergman, Assistant Attorneys General, for appellee.

Rittgers & Mengle, W. Andrew Hasselbach and Charles H. Rittgers, for appellants.

Baker & Hostetler, Richard W. Siehl and Anthony J. Franze, urging affirmance for amicus curiae, Mothers Against Drunk Driving.

Baker & Hostetler, William W. Falsgraf and Shilpa Shah, urging affirmance for amicus curiae, American Alliance for Rights and Responsibilities.

James M. Looker, urging reversal for amicus curiae, Ohio Association of Criminal Defense Lawyers.

Gump & Slyman Co., L.P.A., Jeffrey D. Slyman and Dennis E. Gump, urging reversal for amicus curiae, Ohio Academy of Trial Lawyers.


MOYER, C.J.

In this case, we are asked to determine several issues relating to the constitutionality of R.C. 4511.191 and 4511.195.

It is a well-settled rule that an Act of the General Assembly is entitled to a strong presumption of constitutionality. Arnold v. Cleveland (1993), 67 Ohio St.3d 35, 616 N.E.2d 163. Moreover, challenged legislation will not be invalidated...

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