Legal Opinion

City of Toledo v. Fogel

Ohio Court of Appeals

Decided March 29, 1985No. L-85-010PublishedCited by 6 opinions

1Opinion of the CourtHandwork, J.

This matter is before the court on defendant-appellee’s motion to dismiss the state’s appeal from a suppression order of the Toledo Municipal Court. Appellee, John K. Fo-gel, is charged with operating a vehicle while having a specified blood-alcohol concentration level (OMVI) in violation of Toledo Municipal Code 333.01(a)(3).

Appellee has moved to dismiss the instant appeal on two grounds: first, he argues that Traf. R. 11(1) precludes the prosecution from appealing the granting of a motion to suppress in so-called “drunk driving” cases. Second, appellee argues that even if the state can…

2Cases cited6 opinions

  1. State v. TripodoOhio Supreme Court · 1977
  2. State v. ButlerOhio Court of Appeals · 1974
  3. Linden v. Bates Truck Lines, Inc.Ohio Court of Appeals · 1982
  4. In Re HoppleOhio Court of Appeals · 1983
  5. State v. HarrisOhio Court of Appeals · 1981

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. City of Tallmadge v. McCoyOhio Court of Appeals · 1994
  2. Insurance Co. of North America v. Reese RefrigerationOhio Court of Appeals · 1993
  3. Brackmann Communications, Inc. v. RitterOhio Court of Appeals · 1987
  4. State v. Houston, Unpublished Decision (3-2-2007)Ohio Court of Appeals · 2007
  5. State v. MalottOhio Court of Appeals · 1992

1 more not listed; retrieve them via the Exa API.

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