City of Lakewood v. Waselenchuk

I respectfully dissent from the majority's decision to reverse appellant's conviction and remand the cause for a new trial. After a thorough view of the record before this court, I believe the trial court did not err in finding that appellant's right to counsel pursuant to R.C. 2935.20 was not violated. Moreover, I do not believe that violation of a statutory right to counsel, if found (and I do not believe the evidence supports such a finding), will result in a due process violation requiring the suppression of the results of a breathalyzer test.

Initially, I must take issue with the…