State v. Arbaugh

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1 THE STATE OF OHIO, APPELLANT, V. ARBAUGH, APPELLEE. 2 [Cite as State v. Arbaugh (1997), ___ Ohio St.3d ___.] 3 Criminal law -- Operating motor vehicle while under the influence of alcohol -- 4 Evidence -- Chemical test to determine intoxication not rendered inadmissible by 5 failure to advise accused of statutory right to another test provided by R.C. 6 4511.19(D)(3). 7 (No. 96-2736 -- Submitted March 4, 1997 -- Decided April 9, 1997.) 8 APPEAL from the Court of Appeals for Richland County, No. 96 CA 4. __________ 9 10 11 12 13 Robert L. Konstam, Mansfield Law Director, and David L. Remy, Assistant Law Director, for appellant. __________ The discretionary appeal is allowed. 1 The judgment of the court of appeals is reversed on the authority of Hilliard v. 2 Elfrink (1996), 77 Ohio St.3d 155, 672 N.E.2d 166. The cause is remanded to the 3 court of appeals for that court to address appellant s remaining assignment of error, 4 which was found to be moot. 5 6 MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. 2

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