City of Hilliard v. Elfrink

We affirm the judgment of the court of appeals on the first certified issue (double jeopardy) based on this court’s decision in State v. *157Gustafson (1996), 76 Ohio St.3d 425, 668 N.E.2d 435. Therefore, this opinion will address only the second certified issue.

The relevant issue certified for our review is: “[WJhether the failure of authorities to advise a defendant of his right to obtain an independent blood or chemical test pursuant to R.C. 4511.19(D)(3) requires suppression of the test results.” For the reasons which follow, we answer this certified issue in the negative and affirm the…