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STATE v. HOOVER

No. 2007-2295.

123 Ohio St.3d 418 (2009)

2009-Ohio-4993

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. HOOVER, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided September 30, 2009.

Attorney(s) appearing for the Case

Richard Cordray, Attorney General, and Benjamin C. Mizer, Solicitor General; and Tim M. Aslaner, Marysville Law Director, for appellant and cross-appellee.

Jonathan T. Tyack, for appellee and cross-appellant.

Victor R. Perez, Chief Prosecutor for the city of Cleveland, supporting the position of the state for amicus curiae city of Cleveland.

LANZINGER, J.

{¶ 1} In this case, we consider the constitutionality of R.C. 4511.19(A)(2), which requires the imposition of criminal penalties upon certain persons who refuse to consent to chemical testing after being arrested for operating a motor vehicle while under the influence of alcohol or a drug of abuse ("DUI").1 We hold that R.C. 4511.19(A)(2) does not violate...

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