State v. McNamara

Kline, Judge.

The state of Ohio appeals from the judgment of the Athens County Municipal Court suppressing evidence of a breath-alcohol-content test administered to Colleen McNamara. The state alleges that the trial court erred by finding that Athens Police Department (“APD”) radios were within thirty feet of the breath-alcohol-content testing instrument. We disagree because the record contains substantial evidence supporting the trial court’s findings. The state also asserts that the trial court should have denied McNamara’s motion because she did not present evidence of radio traffic during…