State v. Robson

McFarland, Judge.

{¶ 1} Mark Robson (“appellant”) appeals his conviction in the Jackson County Municipal Court for operating a motor vehicle while under the influence of alcohol (“OVI”) in violation of R.C. 4511.19(A)(1). 1 Appellant contends that the trial court abused its discretion when it ruled that he had waived his right to file a motion to suppress. We find that when the trial court chose to hold an evidentiary hearing on the motion to suppress it inherently determined that the motion was timely. In our view, the trial court acted unreasonably by scheduling the hearing, having witnesses…