State v. May — (COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO)

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COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO

State v. May, 2014-Ohio-1542.]

April 11, 2014

{¶ 1} Donna L. May appeals from her convictions, after a jury trial, for operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them (with a prior OVI felony), harassment with bodily substance, and endangering children. The convictions were based on evidence that May had driven under the influence of alcohol while also taking Cymbalta®, that one of May’s children (a toddler) was in the rear passenger seat while May was driving under the influence of alcohol and/or a drug of abuse, and that May had intentionally spat on a police officer during her detention in a police cruiser. The trial court sentenced May to an aggregate five-year prison term, a $1,500 mandatory fine, and a 20-year driver’s license suspension.