Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted January 18, 2005.
Decided September 21, 2005.
Attorney(s) appearing for the Case
Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Carley J. Ingram, Assistant Prosecuting Attorney, for appellant.
Flanagan, Lieberman, Hoffman & Swaim and Richard Hempfling, for appellee.
Rittgers & Rittgers, Charles H. Rittgers, and James A. Dearie; and D. Timothy Huey, urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers.
Supreme Court of Ohio.
LANZINGER, J.
{¶ 1} In this case, we address the admissibility of a hospital blood-alcohol test in an aggravated-vehicular-homicide prosecution. John Mayl was charged with causing the death of another as a result of driving under the influence of alcohol. He filed a motion to suppress the results of the blood-alcohol test taken while he was being treated at the hospital after the accident. The trial court denied the motion because it...
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