Legal Opinion

City of Cleveland Heights v. Murphy

City of Cleveland Municipal Court

Decided August 29, 1995No. TRC 9500834PublishedCited by 1 opinion

1Opinion of the Court

Lynn C. Toler, Judge.

This matter came on for consideration on motion of the defendant, James Murphy, to dismiss charges pending against him under Sections 333.01(A)(1) and (A)(3) of the Codified Ordinances of the City of Cleveland Heights.1 The defendant argues that he has already been subjected to punishment for the offense which serves as the basis of these charges as a result of an administrative license suspension (“ALS”) imposed on him pursuant to R.C. 4511.191.

On January 22, 1995, the defendant was arrested for an alleged violation of Sections 333.01(A)(1) and (A)(3). A breath test was…

2Cases cited10 opinions

  1. Bell v. BursonSupreme Court of the United States · 1971
  2. United States v. HalperSupreme Court of the United States · 1989
  3. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
  4. Doyle v. Ohio Bureau of Motor VehiclesOhio Supreme Court · 1990
  5. State v. StarnesOhio Supreme Court · 1970

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3Cited by1 opinion

  1. STATE, DEPT. OF HWY. SAFETY v. DegrossiDistrict Court of Appeal of Florida · 1996

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