State v. Boyd

R.C. 4511.19(A)(3) reads, in pertinent part, as follows:

“(A) No person shall operate any vehicle, streetcar, or trackless trolley within this state if any of the following apply: * *

“(3) The person has a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his breath;”

If the state is to be successful in the prosecution of a person charged with the violation of the preceding section, the state must prove beyond a reasonable doubt each of the essential elements of the crime. State v. Nolton (1969), 19 Ohio St. 2d 133 [48 O.O.2d 119].…