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STATE v. HENRY

No. CA2008-05-008.

2009 Ohio 10

State of Ohio, Plaintiff-Appellant, v. Michael S. Henry, Defendant-Appellee.

Court of Appeals of Ohio, Twelfth District, Preble County.

January 5, 2009.

Attorney(s) appearing for the Case

Nancy H. Rogers, Ohio Attorney General, Bridget Carty, 30 East Broad Street, 14th Fl., Columbus, Ohio 43215, for plaintiff-appellant

Augustus L. Ross III, 1614 U.S. 35 East, P.O. Box 576, Eaton, Ohio 45320, for defendant-appellee.

OPINION

BRESSLER, J.

{¶1} Plaintiff-appellant, the state of Ohio, appeals the decision of the Eaton Municipal Court suppressing evidence of field sobriety tests and finding that there was no probable cause to arrest defendant-appellee, Michael Henry, for driving a vehicle while under the influence of alcohol.

{¶2} On October 27, 2007, Ohio State Highway Patrol Trooper Nadi Graham observed a black sports...

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