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STATE v. FALCONER

No. 2011CA00233.

2012 Ohio 2293

STAE OF OHIO, Plaintiff-Appellee, v. JOHN D. FALCONER, Defendant-Appellant.

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

May 21, 2012.

Attorney(s) appearing for the Case

ROBERT A. ZEDELL , Massillon Law Department, Two James Duncan Plaza, Massillon, OH 44646, for Plaintiff-Appellee.

MICHAEL BOSKE , 122 Central Plaza North, Canton, OH 44702, for Defendant-Appellant.

W. Scott Gwin, P.J., Sheila G. Farmer, J. and John W. Wise, J., Judges.

OPINION

FARMER, J.

{¶ 1} On March 12, 2011, Ohio State Highway Patrol Trooper Johnnie Maier stopped appellant, John Falconer, for weaving in his marked lane. After conducting field sobriety tests and collecting a blood sample, Trooper Maier charged appellant with driving under the influence in violation of R.C. 4511.19 and driving in marked lanes in violation of R.C. 4511.33.

{¶ 2} On May 16, 2011, appellant filed...

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