Legal Opinion

State v. Lake

Ohio Court of Appeals

Decided January 24, 2003No. Case No. 294PublishedCited by 9 opinions

1Opinion of the Court

DeGENARO, Judge.

{¶ 1} This timely appeal comes for consideration upon the record in the trial court and the parties’ briefs. Defendant-appellant, Paul E. Lake, appeals from the decision of the Noble County Court of Common Pleas denying his motion to suppress the results of his breath test, which established that his blood alcohol content (“BAC”) was .170. We are asked to decide whether the state proved substantial compliance with the Ohio Department of Health’s regulations concerning the calibration of the BAC testing device. We find that the state failed to prove substantial compliance with…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. State v. AdamsOhio Supreme Court · 1980
  2. State v. IssaOhio Supreme Court · 2001
  3. State v. TibbettsOhio Supreme Court · 2001
  4. City of Defiance v. KretzOhio Supreme Court · 1991
  5. State v. PlummerOhio Supreme Court · 1986

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. EdwardsOhio Supreme Court · 2005
  2. State v. Smith, 2006-P-0101 (6-27-2008)Ohio Court of Appeals · 2008
  3. State v. SkimmerhornOhio Court of Appeals · 2005
  4. State v. SmithOhio Court of Appeals · 2023
  5. State v. Fistler, Unpublished Decision (12-13-2004)Ohio Court of Appeals · 2004

4 more not listed; retrieve them via the Exa API.

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