State v. Hardy

I cannot concur that the second part of the trial court’s charge to the jury, as adopted from Masoncup v. State (1933), 47 Ohio App. 32, is erroneous.

*94It is now generally acknowledged that a person who is to “some” extent “under the influence of alcohol” is less able, either mentally or physically or both, to exercise the clear judgment and steady hand necessary to control an automobile with safety to himself and the general public. The terrible toll taken, both in personal injuries and property damage, by drivers who “drink and drive,” is reason enough for the General Assembly to determine…