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STATE v. FITZPATRICK

No. 2007CA00338.

2008 Ohio 5433

State of Ohio, Plaintiff-Appellee, v. Thomas W. Fitzpatrick, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT ENTRY: October 20, 2008.

Attorney(s) appearing for the Case

Robert A. Zedell, Two James Duncan Plaza, Massillon, OH 44646, Canton, OH 44702, for Plaintiff-Appellee.

Eugene O'Byrne, 101 Central Plaza South, Suite 500, for Defendant-Appellant.

Before: Hon. W. Scott Gwin, P.J., Hon. Sheila G. Farmer, J., Hon. Patricia A. Delaney, J.

OPINION

FARMER, J.

{¶1} On June 22, 2007, Ohio State Patrol Trooper Duane Shephard stopped appellant, Thomas Fitzpatrick, for making an illegal right turn on red. Subsequently, appellant was charged with driving under the influence in violation of R.C. 4511.19(A), as well as the "no turn on red" violation in violation of R.C. 4511.12 and a seat belt violation (R.C. 4513.263).

{¶2} On July 25, 2007, appellant filed...

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