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STATE v. KOCH

No. CA95-09-015.

108 Ohio App.3d 572 (1996)

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

Court of Appeals of Ohio, Twelfth District, Brown County.

Decided January 22, 1996.

Attorney(s) appearing for the Case

R. Alan Corbin, Brown County Prosecuting Attorney, and Stephen J. Tissandier, Assistant Prosecuting Attorney, for appellant.

Bruce S. Wallace, for appellee.

KOEHLER, Judge.

Defendant-appellee, Marilyn Koch, was arrested on August 27, 1994 and charged with driving under the influence in violation of R.C. 4511.19(A)(1)(3). Appellee filed a motion to suppress, arguing that the results of her breath test were rendered unreliable by the Mt. Orab Police Department's failure to comply with Ohio Adm.Code 3701-53-02(C) requirements for radio frequency interference ("RFI") testing within the environment of the breath-testing instrument...

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