City of Lakewood v. Waselenchuk

Defendant-appellant Nancy Waselenchuk appeals from her conviction following a bench trial in Lakewood Municipal Court for operating a motor vehicle while under the influence of alcohol in violation of city of Lakewood Ordinance 333.01. Defendant claims error in the trial court's failure to suppress evidence of her breathalyzer test, since she was deprived of her right to counsel contrary to R.C. 2935.20 and her constitutional rights. We find merit to the appeal and reverse the conviction.

At 1:43 a.m. on May 18, 1992, defendant was stopped by a Lakewood police officer for driving without her…