State v. Glacken

This matter came on to be tried to the court, defendant being charged under R.C. 4511.19(A)(1) and (A)(3). After presentation of the evidence, the court granted a Crim. R. 29 motion for acquittal as to the R.C. 4511.19(A)(1) charge, i.e., driving under the influence of alcohol.

Both parties agreed that the sole remaining issue in the case is whether or not a certain document is admissible. If so, the defendant having tested above .10 on the intoxilyzer machine and all of the elements being proved, he would be guilty of violating R.C. 4511.19(A)(3). As part of the foundation for the admission…