Akron v. Tomko, Unpublished Decision (11-3-1999)

Defendant Mark Tomko has appealed from his conviction and sentence in the Akron Municipal Court. He has raised three assignments of error in which he challenges his detention and arrest, as well as the results of his breath-alcohol test. This Court affirms the judgment of the trial court.

I

On November 9, 1997, Defendant's vehicle was stopped at approximately 3:30 a.m. by Trooper Kenneth Collins of the Ohio State Highway Patrol. The trooper recorded the speed of Defendant's car at 75 miles per hour in a 65 mile-per-hour zone. Upon approaching the car, Trooper Collins noticed a "mild odor" of…