Holstein v. Ohio Bur. of Motor Vehicles

Ohio Supreme Court

Holstein v. Ohio Bur. of Motor Vehicles

1997 Ohio 248, 78 Ohio St. 3d 1

CourtOhio Supreme Court

DecidedMarch 5, 1997

Docket1995-2317

StatusPublished

This text of 1997 Ohio 248 (Holstein v. Ohio Bur. of Motor Vehicles) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Holstein v. Ohio Bur. of Motor Vehicles, 1997 Ohio 248, 78 Ohio St. 3d 1 (Ohio 1997).

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[This opinion has been published in Ohio Official Reports at 78 Ohio St.3d 1.]

HOLSTEIN, APPELLEE, v. REGISTRAR, OHIO BUREAU OF MOTOR VEHICLES, APPELLANT. [Cite as Holstein v. Ohio Bur. of Motor Vehicles, 1997-Ohio-248.] Motor vehicles—Driving while intoxicated—Establishing valid consent or refusal to take breath-alcohol-concentration test in context of administrative license suspension—Notice requirement of R.C. 4511.191(C) is satisfied by reading to arrestee the language of R.C. 4511.191(C)(2)(b) as set forth on the top portion of BMV Form 2255. (Nos. 95-2317 and 95-2547—Submitted February 19, 1997—Decided March 5, 1997.) APPEAL from and CERTIFIED by the Court of Appeals for Franklin County, No. 95APC03-366. __________________ Hunter, Samuels & Breckenridge and Donald O. Breckenridge, for appellee. Ronald J. O’Brien, City Attorney, David M. Buchman, City Prosecutor, and Brenda J. Keltner, Assistant City Prosecutor, for appellant. __________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of Bryan v. Hudson (1997), 77 Ohio St.3d 376, ___ N.E.2d ___. MOYER, C.J., F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS and RESNICK, JJ., not participating. __________________

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[This opinion has been published in Ohio Official Reports at 78 Ohio St.3d 1.]

HOLSTEIN, APPELLEE, v. REGISTRAR, OHIO BUREAU OF MOTOR VEHICLES, APPELLANT. [Cite as Holstein v. Ohio Bur. of Motor Vehicles, 1997-Ohio-248.] Motor vehicles—Driving while intoxicated—Establishing valid consent or refusal to take breath-alcohol-concentration test in context of administrative license suspension—Notice requirement of R.C. 4511.191(C) is satisfied by reading to arrestee the language of R.C. 4511.191(C)(2)(b) as set forth on the top portion of BMV Form 2255. (Nos. 95-2317 and 95-2547—Submitted February 19, 1997—Decided March 5, 1997.) APPEAL from and CERTIFIED by the Court of Appeals for Franklin County, No. 95APC03-366. __________________ Hunter, Samuels & Breckenridge and Donald O. Breckenridge, for appellee. Ronald J. O’Brien, City Attorney, David M. Buchman, City Prosecutor, and Brenda J. Keltner, Assistant City Prosecutor, for appellant. __________________ {¶ 1} The judgment of the court of appeals is reversed on the authority of Bryan v. Hudson (1997), 77 Ohio St.3d 376, ___ N.E.2d ___. MOYER, C.J., F.E. SWEENEY, PFEIFER, COOK and LUNDBERG STRATTON, JJ., concur. DOUGLAS and RESNICK, JJ., not participating. __________________

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