City of Cincinnati v. Duhart

Defendant, appellant herein, is appealing his conviction in the Hamilton County Municipal Court on' April 13, 1973, for operating a motor vehicle on February 10, 1973, while under the influence of alcohol, in violation of Section 506.1 of the Code of Ordinances of the City of Cincinnati.

Defendant’s first assignment of error is that the trial court erred in refusing his motion to exclude the breathalyzer test, made by him at the time of his arrest, at the conclusion of the prosecutor’s case and again at the conclusion of the defendant’s case, which motions were based upon the ground that the…