Legal Opinion
City of Barberton v. O'Connor
Ohio Supreme Court
Decided June 5, 1985No. 84-1033PublishedCited by 29 opinions
1Opinion of the CourtDouglas, J.
The issue presented in this case is whether an Ohio Uniform Traffic Ticket properly charges the defendant with an offense when it describes the nature of the offense as “DWI” and makes reference to the ordinance that gives rise to the citation, but when it does not indicate the substance that caused the defendant to be intoxicated.
On January 23, 1983, appellant was charged with “DWI in violation of Sec. No. 333.01 Cod. Ord. of Barberton.” At that time Sec. No. 333.01 read1:
“DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE; EVIDENCE.
“(a) No person who is under the influence of alcohol or…
2Cases cited2 opinions
- City of Cleveland v. AustinOhio Court of Appeals · 1978
- City of Youngstown v. StarksOhio Court of Appeals · 1982
3Cited by29 opinions
- Office of Disciplinary Counsel v. GardnerOhio Supreme Court · 2003
- State v. CahoonIdaho Supreme Court · 1989
- State v. McFeely, 2008-A-0067 (3-27-2009)Ohio Court of Appeals · 2009
- Village of Bellville v. KieffaberOhio Supreme Court · 2007
- State v. EatonOhio Court of Appeals · 2010
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