State v. Radich

Joseph E. Mahoney, Judge.

Appellant, state of Ohio, appeals the trial court’s dismissal of the driving under the influence charge against appellee.

On January 20, 1991, appellee, Nicholas G. Radich, Jr., was charged with driving under the influence, in violation of R.C. 4511.19(A)(1); reckless operation, in violation of R.C. 4511.20; and failure to use a seat belt, in violation of R.C. 4513.263. Appellant is appealing only the dismissal of the DUI charge.

On January 22, 1991, appellee pled guilty as charged and moved for treatment in lieu of confinement pursuant to R.C. 2935.33, 2935.36, 2951.04…