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STATE v. MACKIE

No. C-961145.

128 Ohio App.3d 167 (1998)

The STATE of Ohio, Appellee, v. MACKIE, Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Decided March 27, 1998.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and L. Susan Laker, Assistant Prosecuting Attorney, for appellee.

Kelly L. Farrish and Craig L. Farrish, for appellant.

DOAN, Judge.

Defendant-appellant Donald R. Mackie was charged with operating a motor vehicle under the influence of alcohol pursuant to R.C. 4511.19(A)(1) and operating a motor vehicle with a prohibited breath content pursuant to R.C. 4511.19(A)(3). The case was tried without a jury in the Hamilton County Municipal Court.

The evidence showed that in the early morning hours of January 14, 1996, Thomas Sawyer, a homeowner on Reemelin Road, went out to investigate...

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