Legal Opinion

State v. Uncapher

Bowling Green County Municipal Court

Decided January 24, 1995No. 94-TR-C-09370PublishedCited by 5 opinions

1Opinion of the Court

Jerry W. Lee, Acting Judge.

INTRODUCTION

This matter came before the court on the motion of the defendant, Laura T. Uncapher, tor'dismiss the charges arising under R.C. 4511.19(A)(1) and (A)(3), which prohibit operating a vehicle while under the influence of alcohol and operating a vehicle while having a prohibited concentration of alcohol in the breath.

Her request for dismissal is premised upon the Fifth Amendment to the United States Constitution, which prohibits a person from being put twice in jeopardy for the same offense, as well as upon the similar provision in Section 10, Article I, of…

2Cases cited22 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Bell v. BursonSupreme Court of the United States · 1971
  3. United States v. HalperSupreme Court of the United States · 1989
  4. Austin v. United StatesSupreme Court of the United States · 1993
  5. United States Ex Rel. Marcus v. HessSupreme Court of the United States · 1943

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

3Cited by5 opinions

  1. Luk v. CommonwealthMassachusetts Supreme Judicial Court · 1995
  2. Krall v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 1996
  3. State v. TorielloSummit County Municipal Court · 1995
  4. City of Seven Hills v. AdkinsParma Municipal Court · 1995
  5. City of Cleveland Heights v. MurphyCity of Cleveland Municipal Court · 1995

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