1997 OHIO 226 - State v. Arbaugh

[This opinion has been published in Ohio Official Reports at

78 Ohio St.3d 133

.]




            THE STATE OF OHIO, APPELLANT, v. ARBAUGH, APPELLEE.
                     [Cite as State v. Arbaugh,

1997-Ohio-226

.]
Criminal law—Operating motor vehicle while under the influence of alcohol—
        Evidence—Chemical test to determine intoxication not rendered
        inadmissible by failure to advise accused of statutory right to another test
        provided by R.C. 4511.19(D)(3).
        (No. 96-2736—Submitted March 4, 1997—Decided April 9, 1997.)
      APPEAL from the Court of Appeals for Richland County, No. 96 CA 4.
                                  __________________
        Robert L. Konstam, Mansfield Law Director, and David L. Remy, Assistant
Law Director, for appellant.
                                  __________________
        {¶ 1} The discretionary appeal is allowed.
        {¶ 2} The judgment of the court of appeals is reversed on the authority of
Hilliard v. Elfrink (1996),

77 Ohio St.3d 155

672 N.E.2d 166

. The cause is
remanded to the court of appeals for that court to address appellant’s remaining
assignment of error, which was found to be moot.
        MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and
LUNDBERG STRATTON, JJ., concur.
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