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STATE v. DOUP

No. 08 CA 13.

2009 Ohio 117

State of Ohio, Plaintiff-Appellee, v. D. Gene Doup, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: January 14, 2009.

Attorney(s) appearing for the Case

Heidi A. Mallory, 5 North Gay Street, Mount Vernon, Ohio 43050, for Plaintiff-Appellee.

James A. Giles, 109 East High Street, Mount Vernon, Ohio 43050, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. John W. Wise, J., Hon. Julie A. Edwards, J.

OPINION

WISE, J.

{¶1} Appellant D. Gene Doup appeals his conviction, in the Mount Vernon Municipal Court, Knox County, for operating a motor vehicle with a prohibited breath concentration. The relevant facts leading to this appeal are as follows.

{¶2} On October 13, 2007, at approximately 8:38 p.m., appellant was stopped near West Gambier Street by the Ohio Highway Patrol on suspicion that he was operating under...

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