CLEVELAND v. HUNTER

No. 91110.

2009 Ohio 1239

City of Cleveland, Plaintiff-Appellant, v. Lawrence Hunter, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: March 19, 2009.


Attorney(s) appearing for the Case

Robert J. Triozzi, Director of Law, City of Cleveland, 601 Lakeside Avenue, Room 106, Cleveland, Ohio 44114-1077, By: Lorraine Coyne, Assistant City Prosecutor, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Avery H. Fromet, 25550 Chagrin Boulevard, Suite 403, Beachwood, Ohio 44122, Attorney for Appellee.

Before: Boyle, J., Cooney, A.J., and Kilbane, J.


JOURNAL ENTRY AND OPINION

MARY J. BOYLE, J.:

{¶ 1} Plaintiff-appellant, City of Cleveland ("City"), filed a Crim.R. 12(K) appeal after the Cleveland Municipal Court granted defendant-appellee, Lawrence Hunter's, motion to suppress. For the following reasons, we affirm in part, reverse in part, and remand.

{¶ 2} Hunter was arrested for driving while under the influence of alcohol under two subsections of the Cleveland...

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