Brim v. Rice

The parties will be referred to here as they appeared in the lower court.

Defendant, as Registrar of Motor Vehicles, suspended the license or permit to drive of the plaintiff when, upon being arrested for driving under the influence of alcohol, plaintiff refused to take the chemical test referred to in Section 4511.191 of the Revised Code.

The Municipal Court construed the statute to be unconstitutional because of a typographical error wherein reference is made to Paragraph (B) rather than to Paragraph (C),

Section 4511.191 (D), Revised Code, provides:

“If a person under arrest for the offense of…