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STATE v. BOWMAN

No. 95AP060043.

108 Ohio App.3d 276 (1996)

The STATE of Ohio, Appellant, v. BOWMAN, Appellee.

Court of Appeals of Ohio, Fifth District, Tuscarawas County.

Decided January 3, 1996.

Attorney(s) appearing for the Case

Robert C. Urban, Jr., New Philadelphia Assistant Prosecuting Attorney, for appellant.

Willard K. Hanner, for appellee.

WISE, Judge.

On May 17, 1992, appellee Dale E. Bowman was arrested for operating a motor vehicle with a prohibited breath-alcohol content in violation of R.C. 4511.19(A)(3). Appellee Bowman filed a motion to suppress the results of the breath test on the basis that the state failed to comply with Ohio Adm.Code 3701-53-04(A). This section requires that the BAC verifier be calibrated "no less frequently than once every seven days." The parties stipulated that the breath...

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