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In re Washburn10/31/1990
THOMAS F. BRYANT, Judge.
This is a consolidated appeal by Ryan Washburn from a judgment of the Court of Common Pleas of Wyandot County, Juvenile Division, finding him to be a juvenile traffic offender.
Shortly after midnight October 16, 1988, on State Route 53 near Upper Sandusky, Ryan drove his 1984 Camaro into the rear of a loaded grain truck moving on the road ahead of him.
Ryan and his two passengers were taken by ambulance to Wyandot Memorial Hospital for treatment of their injuries. Acting on instructions by the emergency room physician, a medical laboratory technician, Linda Swihart, drew a blood sample from Ryan and tested it for blood-alcohol content.
Trooper Grau of the Ohio State Highway Patrol, while investigating the accident, spoke to Ryan at the hospital emergency room, ascertained Ryan's suffering and yelling, learned that Ryan professed no recollection of the collision, and observed the strong odor of alcoholic beverage on Ryan's breath. Because of Ryan's painful injuries he was not asked to perform coordination or sobriety tests, nor was he taken into police custody.
Learning that a sample of Ryan's blood had been taken earlier for testing, Trooper Grau told the emergency room doctor that Ryan's blood-alcohol test result would be subpoenaed. No subpoena was issued or required for the trooper to obtain the results of Ryan's blood-alcohol test, however, for whesTrooper Grau called later at the hospital he was given the test result documents in accordance with hospital policy.
Ryan was served November 8, 1988 with summons and copies of three complaints. The original three complaints, each bearing a separate case number, were later filed November 30, 1988 in the Juvenile Division of Wyandot County, where the accident occurred. The complaints charged Ryan as a juvenile traffic offender pursuant to R.C. 2151.021 for driving under the influence of alcohol, assured clear distance and seat belt violations. On December 1, 1988, the matters were transferred to the Marion County Juvenile Division, apparently in Ryan's county of residence, and, later, upon Ryan's entering his denial of the charges against him, the proceedings were re-transferred to Wyandot County Juvenile Division by entry of the Marion County Juvenile Division dated December 21, 1988 and filed in Wyandot County January 3, 1989. Pretrial conference was held in Wyandot County Juvenile Division February 16, 1989, at which time an adjudicatory hearing was set for April 24, 1989. However, after entry of appearance of additional counsel for Ryan and delay incident to discovery, numerous motions and requested continuances agreeable to the parties, the adjudicatory hearing was held November 20, 1989. After the filing of written closing arguments by the state of Ohio on November 24, 1989 and by Ryan's counsel on February 8, 1990, the court entered its judgment March 9, 1990 finding Ryan guilty beyond a reasonable doubt of violating the assured clear distance statute, R.C. 4511.21(A), and upon the amended complaint of operating a motor vehicle with a concentration of .10 of one percent or more by weight of alcohol in his blood in violation of R.C. 4511.19(A)(2). Based upon these findings, Ryan was adjudicated a juvenile traffic offender. The court dismissed the seat belt complaint for failure of proof beyond a reasonable doubt. A dispositional hearing was held April 2, 1990 and judgment was entered April 16, 1990.
Among the numerous motions filed in the trial court by appellant was a motion filed April 6, 1989 seeking to suppress Ryan's blood-alcohol tests for want of probable cause for the officer to arrest Ryan and for reasons of non
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