State v. Dvorak

Defendant-appellant, Don Dvorak, was charged with driving under the influence of alcohol, R.C. 4511.19(A)(1); operating a motor vehicle with a prohibited breath-alcohol content, R.C. 4511.19(A)(3); and speeding, R.C. 4511.-21(D). Prior to trial, Dvorak filed a motion in limine seeking to limit the use of any breath test results, claiming radio frequency interference and that other test requirements were not met during administration of the breath test. The trial court denied the motion in limine because it was not timely filed.

At trial, the state presented testimony of Patrolman Jackson, the…