State v. Gordon

{¶ 44} I concur in judgment with the majority that the state offered sufficient evidence to support the convictions under R.C. 2903.08(A)(1), but write separately to address issues concerning the charging of the OMNI offense, application of the term “under the influence,” and the challenge to the legitimacy of urine testing raised by appellant for a conviction under R.C. 4511.19(A)(4).

{¶ 45} The state of Ohio charged Gordon with aggravated vehicular assault under R.C. 2903.08(A)(1). This provision requires proof of an underlying OMVI, either operating a motor vehicle under the influence under…