Holstein v. Ohio Bur. of Motor Vehicles

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1 HOLSTEIN, APPELLEE, V. REGISTRAR, OHIO BUREAU OF MOTOR VEHICLES, 2 APPELLANT. 3 [Cite as Holstein v. Ohio Bur. of Motor Vehicles (1997), ___ Ohio St.3d 4 ___.] 5 Motor vehicles -- Driving while intoxicated -- Establishing valid consent or 6 refusal to take breath-alcohol-concentration test in context of 7 administrative license suspension -- Notice requirement of R.C. 8 4511.191(C) is satisfied by reading to arrestee the language of R.C. 9 4511.191(C)(2)(b) as set forth on the top portion of BMV Form 2255. 10 11 12 13 (Nos. 95-2317 and 95-2547 -- Submitted February 19, 1997 -- Decided March 5, 1997.) APPEAL from and CERTIFIED by the Court of Appeals for Franklin County, No. 95APC03-366. __________ 14 15 16 17 18 Hunter, Samuels & Breckenridge and Donald O. Breckenridge, for appellee. Ronald J. O Brien, City Attorney, David M. Buchman, City Prosecutor, and Brenda J. Keltner, Assistant City Prosecutor, for appellant. __________ 1 2 3 4 5 6 The judgment of the court of appeals is reversed on the authority of Bryan v. Hudson (1997), 77 Ohio St.3d 376, ___ N.E.2d ___. MOYER, C.J., F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS and RESNICK, JJ., not participating. 2

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