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STATE v. WAY

Case No. CA2008-04-098.

2009 Ohio 96

State of Ohio, Plaintiff-Appellant, v. Jason Way, Defendant-Appellee.

Court of Appeals of Ohio, Twelfth District, Butler County.

Date of Judgment Entry: January 12, 2009.

Attorney(s) appearing for the Case

Robin N. Piper, Butler County Prosecuting Attorney, Michael D. Baker, Government Services Center, 315 High Street, 11th Floor, Hamilton, OH 45011-6057, for plaintiff-appellant.

Wayne C. Staton, 1210 North Beech Street, Oxford, OH 45056, for defendant-appellee.

OPINION

POWELL, J.

{¶1} Appellant, the state of Ohio, appeals the decision of Butler County Area I Court, suppressing evidence of the results of field sobriety tests and finding that there was no probable cause to arrest defendant-appellee, Jason Way, for driving his vehicle while under the influence of alcohol. We affirm in part, reverse in part and remand for further proceedings.

{¶2} On April 15, 2007, at approximately...

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