State v. Flege, 06-Ca-113 (5-4-2007)

OPINION

{¶ 1} Defendant-appellant, Joel Flege, appeals from his conviction and sentence for OMVI. He contends that the trial court erred by overruling his motion to suppress the results of an alcohol breath test examination, because the State failed to present evidence sufficient to overcome his claim that the Beavercreek Police Department did not operate the testing machine in compliance with the requirements of the Ohio Administrative Code.

{¶ 2} We conclude that the State presented evidence upon which a reasonable finder of fact could conclude that the test was performed appropriately.…