State v. Hamrick

Hugh I. Troth, Acting Judge.

This court finds that the state has complied with the requirements of R.C. 4511.191 and the defendant’s motion to exclude evidence of the defendant’s refusal to take the breath test is OVERRULED on that issue.

There remains the further motion as to the relevancy of the refusal in a charge under R.C. 4511.19(A)(1) and that is the issue to be addressed in this opinion.

*7The defendant, Richard A. Hamrick, Jr., was charged with violating R.C. 4511.19(A)(1). Prior to 1988, R.C. 4511.19 had only one section and that was that no person shall operate any vehicle within this…