State v. Breeze
Ohio Court of Appeals
1Opinion of the Court
Fain, Judge.
Plaintiff-appellant, state of Ohio, appeals from a decision of the trial court granting a motion to suppress the results of a blood-alcohol test administered to defendant-appellee, M. Joyce Breeze. We conclude that the trial court did not err in holding that the state failed to prove that the Kettering Police Department (“KPD”) complied with the requirements of Ohio Adm.Code 3701-53-02(C)(2)(e) before administering the breath test to Breeze.
I
Breeze was arrested for DUI on September 30, 1992. She submitted to a breath test on a BAC Datamaster resulting in a reading of 0.129 percent…
2Cases cited6 opinions
- Vlandis v. KlineSupreme Court of the United States · 1973
- City of Athens v. WolfOhio Supreme Court · 1974
- State v. WardOhio Supreme Court · 1984
- State v. YoderOhio Supreme Court · 1993
- State v. VogelsongOhio Court of Appeals · 1992
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