State v. Linard, 2008 Ap 06 0046 (3-27-2009)

OPINION

{¶ 1} Defendant-appellant Robert O. Linard, Jr. appeals the May 23, 2008 Judgment Entry entered by the Tuscarawas County Court of Common Pleas overruling his motion to suppress evidence. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶ 2} On November 20, 2007, Appellant was arrested for operating a vehicle while intoxicated, and transported to the New Philadelphia Post 79 of the Ohio State Highway Patrol for a breath test. The BAC DataMaster chemical breath test produced a test result of .101g/210L of breath.

{¶ 3} On December 3, 2007, a Tuscarawas Grand Jury…