City of Elyria v. Hebebrand

Cacioppo, Judge.

Ralph T. Hebebrand appeals his conviction for driving under the influence and failure to keep an assured clear distance.

Assignment of Error III

“The court improperly allowed testimony as to the pre-arrest breath tests administered by Trooper Cross over the objection of the defendant.”

In his third assignment of error, Hebebrand argues that the trial court erred by allowing Trooper Ronald Cross to testify about Hebebrand’s performance on a pre-arrest breathalyzer test (“PBT”). We agree.

To determine the admissibility of a PBT, this court looks to Ohio’s drunk driving statute. It…