State v. Waite

David P. Waite was charged with operating a motor vehicle while under the influence of alcohol, a violation of R.C. 4511.19(A)(1), and operating a motor vehicle with a concentration of ten hundredths of one gram or more by weight of alcohol per two hundred ten liters of his breath, a violation of R.C. 4511.19(A)(3). A jury found him guilty on both counts. Waite was sentenced only on the offense of driving while under the influence of alcohol. This court affirms that judgment.

Assignment of Error I

“The trial court erred by permitting the arresting officer to testify about an in-toxilyzer…