Legal Opinion
State v. Wemer
Ohio Court of Appeals
Decided June 27, 1996No. 95CA1675PublishedCited by 17 opinions
1Opinion of the Court
Harsha, Judge.
This is an appeal by the state of Ohio of an order by the Athens County Municipal Court granting a motion to suppress the breathalyzer test result in the prosecution of Gail Wemer for driving under the influence in violation of R.C. 4511.19(A)(3). Appellant assigns the following error:
“The trial court erred in ruling that because the repair records are not kept at the Ohio State Highway Patrol, Athens Post, pursuant to Ohio Adm.Code 3701-53-04(C), the code has not been substantially complied with and the breath test result must be suppressed.”
On April 4, 1995, appellee was…
2Cases cited13 opinions
- State v. FanningOhio Supreme Court · 1982
- City of Defiance v. KretzOhio Supreme Court · 1991
- State v. PlummerOhio Supreme Court · 1986
- State ex rel. Herman v. KlopfleischOhio Supreme Court · 1995
- State v. ClayOhio Supreme Court · 1973
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Doe v. Mount Carmel Health Sys., Unpublished Decision (12-29-2005)Ohio Court of Appeals · 2005
- Yommer v. Outdoor Enterprises, Inc.Ohio Court of Appeals · 1998
- In Re Protest of BrooksOhio Court of Appeals · 2003
- In Re Guardianship of Baker, 07ca 00065 (9-30-2008)Ohio Court of Appeals · 2008
- Lang v. Director, Ohio Department of Job & Family ServicesOhio Court of Appeals · 2011
12 more not listed; retrieve them via the Exa API.