Legal Opinion
State v. Baker
Clark County Municipal Court
Decided February 24, 1995No. Nos. 94 TRC 1255, 94 TRC 17025, 94 TRC 17801, 94 TRC 18631, 94 TRC 20611, 94 TRC 20905, 94 TRC 20931, 94 TRC 21090, 95 TRC 105, 95 TRC 371, 95 TRC 421, 95 TRC 725, 95 TRC 921 and 95 TRC 1505PublishedCited by 5 opinions
1Opinion of the Court
RichaRD P. CaRey, Judge.
A number of defendants1 have challenged the constitutionality of R.C. 4511.19, 4511.191, and related statutes born of S.B. No. 62 (1993,120th General Assembly) and referred to loosely but commonly as the “new D.U.I. law.” Although the facts vary among the cases — and accordingly the nature of a particular constitutional challenge — collectively the defendants have propounded a broad spectrum of concerns which this court chooses to consider together.
This court notes at the outset that a party challenging a legislative enactment has the burden of demonstrating its…
2Cases cited28 opinions
- Solem v. HelmSupreme Court of the United States · 1983
- Bell v. BursonSupreme Court of the United States · 1971
- Missouri v. HunterSupreme Court of the United States · 1983
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
23 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Director of Revenue v. GabbertSupreme Court of Missouri · 1996
- STATE, DEPT. OF HWY. SAFETY v. DegrossiDistrict Court of Appeal of Florida · 1996
- City of Akron v. KirbyOhio Court of Appeals · 1996
- City of Seven Hills v. AdkinsParma Municipal Court · 1995
- City of Cleveland Heights v. MurphyCity of Cleveland Municipal Court · 1995