City of Cincinnati v. Kelley

The rulings of the courts below resolved, for our purposes here, all questions concerning credibility of witnesses and weight of evidence.

This appeal concerns the validity and construction of. part of Section 506-1 of the Cincinnati Municipal Code, -which states:

‘ ‘No person who is under the influence of alcohol pr a drug-of abuse: as defined in Section 3719.011 Ohio Revised Code shall operate or be in actual physical control of my vehicle within this city.” (Emphasis added.)

Appellant and appellee submit that the ordinance provides for two. separate offenses, in that it prohibits one from…