State v. Wilcox

Defendant-appellant, Daniel L. Wilcox, was convicted of driving while intoxicated pursuant to R.C. 4511.19(A)(3). This recent amendment prohibits operation of a motor vehicle with a breath alcohol concentration at or in excess of ten-hundredths of one gram by weight of alcohol per two hundred ten liters of breath.

Appellant moved to dismiss the complaint on April 4, 1983. Following a hearing, the Delaware Municipal Court overruled the motion. Appellant entered a plea of no contest and was found guilty by the trial court.

Appellant assigns two errors:

Assignment of Error No. I

“The trial court…