City of Dayton v. Schenck

This matter is before the court upon defendant’s Motion to Suppress the results of an Intoxilyzer test administered in this case. The motion was submitted on briefs and oral testimony, presented February 5,1980. Defendant asserted three grounds, the third of which, “other procedural error,” was abandoned upon hearing.

With respect to the second ground, that the Intoxilyzer does not provide a test “by weight,” defendant introduced a number of arguments by his expert witness, Walter Frajola, that the results produced by the Intoxilyzer are or may be inaccurate measures of the percentage of blood…