Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Hollinger

Court of Appeals of Ohio, Fifth District, Fairfield

November 15, 2017

STATE OF OHIO Plaintiff-Appellee
v.
BENJAMIN HOLLINGER Defendant-Appellant

         Criminal appeal from the Fairfield County Court of Common Pleas, Case No.16CR12

          For Plaintiff-Appellee CHRISTOPHER REAMER.

          For Defendant-Appellant JAMES MAYER III.

          Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

          OPINION

          GWIN, P.J.

         {¶1} Appellant Benjamin Hollinger ["Hollinger"] appeals from the September 23, 2016 Order of the Fairfield County Court of Common Pleas overruling his motion to dismiss on double jeopardy grounds.

         Facts and Procedural History

         {¶2} The trial court found the following facts from the September 2, 2016 hearing.

         {¶3} On July 15, 2016, Hollinger pled guilty to an OVI offense in Mansfield Municipal Court, his third OVI conviction in a six-year period.

         {¶4} On July 18, 2016, Hollinger was cited at his home in Richland County for OVI because of a call to the Ohio State Highway Patrol at 1:19 p.m. regarding reckless driving and the striking of a mailbox. Hollinger was allowed to remain at home and the call was cleared at 3:07 p.m.

         {¶5} Shortly thereafter, Hollinger returned to his car and began driving toward Hocking County. On Route 13 near Interstate 70 in Licking County, at approximately 4:24 p.m. the Ohio State Highway Patrol was called to the scene of a hit-skip. A driver at the scene stated, "I got ACDAd by a blue vehicle." The driver's Chevy Malibu had been crashed into and thereafter struck a utility pole.

         {¶6} Dwayne E. Bonham witnessed the hit-skip. He had followed Hollinger from Utica, through Licking County to State Route 256 before losing sight of the Hollinger's vehicle.

         {¶7} At approximately 4:51 p.m., Trooper Myers of the Ohio State Highway Patrol clocked Hollinger's vehicle traveling 86 M.P.H. on State Route 37 near Carroll-Eastern Road in Fairfield County. The Trooper turned to follow Hollinger and in less than a mile from his first sighting, the Trooper found Hollinger involved in a two-vehicle accident. Hollinger was transported to Fairfield Medical Center.

         {¶8} Because of Hollinger's actions on July 18, 2016, he was charged with OVI in Licking County to which he pled ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.