Legal Opinion
City of Aurora v. Kepley
Ohio Supreme Court
Decided November 28, 1979No. 79-7PublishedCited by 15 opinions
1Opinion of the CourtCelebrezze, C. J.
This court stated in Mentor v. Giordano (1967), 9 Ohio St. 2d 140, in the sixth paragraph of the syllabus, as follows:
“Before the results of a Breathalyzer test given an accused are admissible in evidence against him, it is incumbent on the state to show that the instrument was in proper working order and that its manipulator had the qualifications to conduct the test.”
In Cincinnati v. Sand (1975), 43 Ohio St. 2d 79, this court explained Giordano, and held that the results of a Breathalyzer test could be admitted in evidence only upon an affirmative showing that the bodily substances were…
2Cases cited2 opinions
- City of Mentor v. GiordanoOhio Supreme Court · 1967
- City of Cincinnati v. SandOhio Supreme Court · 1975
3Cited by15 opinions
- City of Aurora v. PatrickOhio Supreme Court · 1980
- State v. UlrichOhio Court of Appeals · 1984
- State v. GasserOhio Court of Appeals · 1980
- State v. DavisOhio Court of Appeals · 1983
- City of Dayton v. DabneyOhio Court of Appeals · 1994
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