Legal Opinion
City of Defiance v. Kretz
Ohio Supreme Court
Decided May 15, 1991No. Nos. 90-761 and 90-762PublishedCited by 144 opinions
1Opinion of the CourtH. Bkown, J.
This case requires us to decide whether a pretrial motion to suppress followed by a no contest plea is a proper procedural mechanism by which a defendant, charged with a violation of R.C. 4511.19(A)(3), may challenge the results of a breathalyzer *3test based on an alleged failure to comply with Ohio Department of Health (“ODH”) regulations. For the reasons which follow, we hold that it is and reverse the court of appeals.
In substance, Defiance Traffic Code Section 434.01(a) is identical to R.C. 4511.19(A). Because the local ordinance is patterned after R.C. 4511.19, our analysis refers to R.C.…
2Cases cited10 opinions
- State v. GrubbOhio Supreme Court · 1986
- State v. PlummerOhio Supreme Court · 1986
- State v. TannerOhio Supreme Court · 1984
- City of Mentor v. GiordanoOhio Supreme Court · 1967
- State v. DavidsonOhio Supreme Court · 1985
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3Cited by144 opinions
- State v. McNamaraOhio Court of Appeals · 1997
- State v. FrenchOhio Supreme Court · 1995
- State v. ShindlerOhio Supreme Court · 1994
- State v. CodeluppiOhio Supreme Court · 2014
- State v. EngleOhio Supreme Court · 1996
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