State v. Fistler, Unpublished Decision (12-13-2004)

OPINION

{¶ 1} The State of Ohio appeals the decision of the Belmont County Court, Northern Division, which granted defendant-appellee Courtney R. Fistler's motion to suppress her breath test results on the grounds that the calibrating officer's permit was expired. The issue before us is whether the state established substantial compliance with an administrative regulation where the Director of Health placed a two-year expiration date on the officer's permit rather than the new one-year expiration date even though the regulation with the new expiration date became effective before the officer's…