Legal Opinion
State v. Shuler
Ohio Court of Appeals
Decided July 27, 2006No. 05CA8PublishedCited by 8 opinions
1Opinion of the Court
McFarland, Judge.
{¶ 1} Jerald D. Shuler appeals his conviction in the Hocking County Municipal Court for operating a motor vehicle under the influence of alcohol (“OVI”) in violation of R.C. 4511.19(A)(4). The appellant contends that the trial court erred in excluding from the trial the results of the portable breath test (“PBT”) administered at the location of the traffic stop that resulted in the arrest. Because we find the PBT to be an unreliable source of evidence, we affirm the judgment of the trial court.
{¶ 2} On November 6, 2004, Hocking County Sheriffs Deputy Groves (the “deputy”)…
Also in this document: Concurrence.
2Cases cited5 opinions
- Berk v. MatthewsOhio Supreme Court · 1990
- Rock v. CabralOhio Supreme Court · 1993
- Wightman v. Consolidated Rail Corp.Ohio Supreme Court · 1999
- State v. ZellCourt of Appeals of Iowa · 1992
- City of Elyria v. HebebrandOhio Court of Appeals · 1993
3Cited by8 opinions
- State v. DillehayOhio Court of Appeals · 2013
- State v. WatersOhio Court of Appeals · 2014
- Commonwealth v. BrigidiSupreme Court of Pennsylvania · 2010
- State v. Smith, 2006-P-0101 (6-27-2008)Ohio Court of Appeals · 2008
- State v. Ahmed, 2007-Ca-00049 (2-4-2008)Ohio Court of Appeals · 2008
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