STATE OF OHIO, Plaintiff-Appellant,
v.
ROBERT R. TENNEY, Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on July 20, 2012.
Rendered on July 20, 2012.
Attorney(s) appearing for the Case
JOHN DANISH, Atty. Reg. #0046639, and STEPHANIE COOK, Atty. Reg. #0067101, by. MATTHEW KORTJOHN, Atty. Reg. #0083743, Dayton Municipal Prosecutor's Office, 335 West Third Street, Dayton, Ohio 45402, Attorney for Plaintiff-Appellant.
MARK A. DETERS, Atty. Reg. #0085094, 1800 Lyons Road, Dayton, Ohio 45458, Attorney for Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
HALL, J.
{¶ 1} The State of Ohio appeals from a municipal-court order suppressing the result of the alcohol-concentration breath test given to the defendant-appellee, Robert Tenney. By law, a breath-test result is admissible if the state establishes that the test was performed in at least substantial compliance with the procedures established by the state director of health. One of the established procedures is the oral-intake requirement...
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