City of Kettering v. Baker

"Whiteside, J. 2

This is an appeal from the Kettering Municipal Court from defendant’s conviction upon a charge of operating a motor vehicle while under the influence of alcohol.

The evidence consisted of testimony that defendant drove his automobile erratically, that the police officers observed an odor of alcohol about defendant, that defendant failed to perform the finger-to-nose and heel-to-toe tests properly, and that defendant admitted having been to a party and consuming some alcoholic beverages. No chemical tests were given, and the officers were not asked for an express opinion as to…