STATE v. PHOENIX

No. C-100103.

192 Ohio App.3d 127 (2010)

2010-Ohio-6009

The STATE of Ohio, Appellant, v. PHOENIX, Appellee.

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

Decided December 10, 2010.


Attorney(s) appearing for the Case

John P. Curp , Cincinnati City Solicitor, Ernest F. McAdams , City Prosecuting Attorney, and Gertrude Dixon , Assistant City Prosecuting Attorney, for appellant.

Elizabeth E. Agar and Merlyn Shiverdecker , for appellee.


HILDEBRANDT, Presiding Judge.

{¶ 1} The lack of a sufficient amount of evidence demonstrating impairment precludes a finding of probable cause that a driver is operating his motor vehicle while impaired and makes any subsequent arrest—based only on that insufficient evidence—improper.

I. Unlit Headlights Lead to Stop and Arrest

{¶ 2} On August...

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