State v. Corthell, 13-06-58 (9-17-2007)

OPINION

I. Facts

{¶ 1} Pursuant to Crim.R. 12(K), the State of Ohio appeals the ruling of the Seneca County Court of Common Pleas excluding from evidence all blood alcohol analysis tests from defendant's accident and any resulting operating a vehicle while under the influence of alcohol (OVI) conviction in the State's subsequent prosecution of vehicular assault.1 For reasons explained herein we reverse the trial court's ruling.

{¶ 2} On March 8, 2003, at approximately 2:10 a.m., appellee, Nick Corthell (hereinafter "Corthell"), was involved in a two-car automobile accident on U.S. Route 224 in…