State v. Strohacker
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1 THE STATE OF OHIO, APPELLEE, V. STROHACKER, APPELLANT. 2 [Cite as State v. Strohacker (1996), ___ Ohio St.3d ___.] 3 Criminal law -- Operating motor vehicle under the influence of alcohol -- 4 Evidence -- Chemical test to determine intoxication not rendered 5 inadmissible by failure to advise accused of statutory right to another 6 test provided by R.C. 4511.19(D)(3). 7 (No. 96-888 -- Submitted November 12, 1996 -- Decided December 8 9 10 11 12 13 14 15 16 11, 1996.) APPEAL from the Court of Appeals for Lorain County, No. 95CA006139. __________ Bradley & Giardini Co., L.P.A., and Jack W. Bradley, for appellant. __________ The discretionary appeal to this court was allowed only as to Proposition of Law One, which states: Failure to advise a defendant of his right to an independent chemical 17 test violates both the defendant s statutory and constitutional rights and 18 must result in a suppression of the test results. 1 The judgment of the court of appeals is affirmed on the authority of 2 Hilliard v. Elfrink (1996), ___ Ohio St.3d __, ___ N.E.2d ___, decided 3 today. 4 5 MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, PFEIFER, COOK and STRATTON, JJ., concur. 6 2
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