State v. Bish

DeGenaro, Judge.

{¶ 1} This timely appeal comes for consideration upon the record in the trial court and appellant’s brief. Plaintiff-appellant, the state of Ohio, appeals the August 11, 2009 decision of the Youngstown Municipal Court that suppressed the results of field sobriety and breathalyzer tests in the context of an operating-the-vehicle-under-the-influence (“OVI”) case against defendant-appellee, Julie Bish. On appeal, the state argues that contrary to the trial court’s ruling, it met its burden in establishing substantial compliance with the regulations pertaining to the breathalyzer…