Corey Hoover v. State of Ohio

Corey Hoover, an Ohio citizen, appeals through counsel a district court judgment denying his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254.

Hoover was arrested for drunk driving after police observed him driving over the center line, and he was found to smell of alcohol, admitted to drinking, and was unable to pass the field sobriety tests. Hoover refused to take a breathalyzer test. He was charged with violating Ohio Revised Code § 4511.19(A)(2), which has three elements: driving under the influence, having a prior conviction of driving under the influence, and…