State v. Rice

Waite, Judge.

This appeal arises out of a trial court decision overruling appellant Thomas A. Rice’s motion to suppress results of a blood test used to charge him with driving under the influence of alcohol in violation of R.C. 4511.19(A)(1). For the following reasons, this court reverses the lower court’s judgment.

The record reflects that on August 26, 1995, appellant was involved in a two-car automobile accident. Officer Rogers of the Youngstown Police Department was called to the scene to prepare an accident report. At the scene, Officer Rogers observed appellant in the driver’s seat of a…