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STATE v. FALCONER

No. 2011CA00233.

2012 Ohio 2293

STAE OF OHIO, Plaintiff-Appellee, v. JOHN D. FALCONER, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Stark County.

May 21, 2012.

Attorney(s) appearing for the Case

ROBERT A. ZEDELL, Massillon Law Department, Two James Duncan Plaza, Massillon, OH 44646, for Plaintiff-Appellee.

MICHAEL BOSKE, 122 Central Plaza North, Canton, OH 44702, for Defendant-Appellant.

W. Scott Gwin, P.J., Sheila G. Farmer, J. and John W. Wise, J., Judges.

OPINION

FARMER, J.

{¶ 1} On March 12, 2011, Ohio State Highway Patrol Trooper Johnnie Maier stopped appellant, John Falconer, for weaving in his marked lane. After conducting field sobriety tests and collecting a blood sample, Trooper Maier charged appellant with driving under the influence in violation of R.C. 4511.19 and driving in marked lanes in violation of R.C. 4511.33.

{¶ 2} On May 16, 2011, appellant filed...

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