Legal Opinion · Concurrence

State v. Anderson, Unpublished Decision (9-30-2005)

Ohio Court of Appeals

Decided September 30, 2005No. 04AP-1171Unpublished

1Concurrence

I disagree with the lead opinion's conclusion that the officer's certificates were valid on the day of defendant's citation for driving while under the influence of alcohol.

The evidence before the trial court did not suggest the director considered the certificates "issued" on the date they were mailed, as opposed to the date stated on the certificate, and the reasonableness of that interpretation is not before us. Rather, the evidence reflected the director's determination that despite the date of issuance being that set forth on the certificates, the validity of the certificates is…

2Cases cited1 opinion

  1. State v. Fistler, Unpublished Decision (12-13-2004)Ohio Court of Appeals · 2004

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