Legal Opinion
City of Dayton v. Nugent
City of Dayton Municipal Court
Decided September 4, 1970No. B 740393PublishedCited by 9 opinions
1Opinion of the CourtRice, J.
The defendant is charged by affidavit with driving while under the influence of alcohol (DWI) in violation of Section 308 of the ordinances of the city of Dayton, Ohio.
The defendant, through his attorney, has filed a multibranched motion, asking the court to:
1. Dismiss the affidavit against him for the reason that the arresting officer or officers did not have probable cause to believe that the defendant was under the influence of alcohol at the time of his arrest.
2. Suppress the results of any physical tests administered to the defendant by the arresting officer at the scene of the arrest…
2Cases cited8 opinions
- Mapp v. OhioSupreme Court of the United States · 1961
- City of Westerville v. CunninghamOhio Supreme Court · 1968
- State v. PyleOhio Supreme Court · 1969
- Hoban v. RiceOhio Court of Appeals · 1970
- In re WilliamsonPaulding County Court of Common Pleas · 1969
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Forte v. StateCourt of Appeals of Texas · 1985
- State v. JonesSupreme Judicial Court of Maine · 1983
- Siegwald v. CurryOhio Court of Appeals · 1974
- Commonwealth v. ProctorSupreme Court of Pennsylvania · 1991
- Siegwald v. CurryFranklin County Municipal Court · 1973
4 more not listed; retrieve them via the Exa API.