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STATE v. ROBERTS

Appeal No. C-080474.

2009 Ohio 1799

State of Ohio, Plaintiff-Appellant, v. Timothy Roberts, Defendant-Appellee.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: April 17, 2009.

Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Judith Anton Lapp, Assistant Prosecuting Attorney, for Plaintiff-Appellant.

Thomas G. Eagle and Thomas G. Eagle Co., L.P.A., for Defendant-Appellee.

DECISION.

MARK P. PAINTER, Judge.

{¶1} The state of Ohio appeals the suppression of a urine sample collected from defendant-appellee Timothy Roberts. In November 2007, Roberts was arrested for operating a motor vehicle while intoxicated, speeding, and violating a traffic-light signal. After arriving at the police station, Roberts refused a breath test but agreed to give a urine sample.

{¶2} Roberts moved...

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