City of Columbus v. Glascock

This is an appeal from a conviction in the Columbus Municipal Court of a charge of driving while under the influence of alcohol.

The first assignment of error challenges the constitutionality of the ordinance. Defendant, appellant herein, contends that the ordinance is in “conflict” with state statutes in violation of Section 3, Article XVIII of the Constitution. The contentions are that: (1) Section 4511.06 of the Bevised Code prohibits or pre-empts the municipal ordinance and further that the ordinance adds two substances not covered in the comparable state statutes; (2) the penalties…