State v. O'Neill

In State v. O'Neill, 175 Ohio App.3d 402, 2008 Ohio 818, 887 N.E.2d 394, the Court found that the state failed to demonstrate substantial compliance with applicable regulations governing blood-alcohol testing. Due to that error, we vacated O'Neill's convictions for operating a vehicle under the influence of alcohol in violation of R.C. 4511.19(A)(1)(f). Because O'Neill's convictions for aggravated vehicular homicide and aggravated vehicular assault depended upon a violation of R.C. 4511.19, those convictions were also vacated. The conviction and sentence for failure to stop after an accident was affirmed. In disposing of the matter, the decision did not specifically state that the matter was remanded to the trial court for further proceedings. State v. O'Neill, 175 Ohio App. 3d 402, 2008 Ohio 818, P 35, 887 N.E.2d 394.