STATE v. SMITH

No. 96TRC02070AB.

82 Ohio Misc.2d 16 (1996)

THE STATE of Ohio, v. SMITH.

Municipal Court of Sidney, Ohio.

Decided August 28, 1996.


Attorney(s) appearing for the Case

Tonya K. Thieman, City Prosecutor, for the plaintiff.

Richard H. Wallace and Thomas A. Ballato, for the defendant.


DONALD G. LUCE, Judge.

This matter came before the court on defendant's motion to suppress. A hearing was held on the 24th day of July, 1996.

The defendant, James E. Smith ("Smith"), was arrested on May 19, 1996, and charged with operating a motor vehicle under the influence of alcohol, a violation of R.C. 4511.19(A)(1). Trooper Lewis, the arresting officer, requested that Smith submit a urine sample. This urine sample was taken at approximately 6:00 a.m....

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