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STATE v. COLLAZO

No. 2012-L-067.

2013 Ohio 439

STATE OF OHIO, Plaintiff-Appellant, v. BRANDY M. COLLAZO, Defendant-Appellee.

Court of Appeals of Ohio, Eleventh District, Lake County.

February 11, 2013.

Attorney(s) appearing for the Case

Joseph M. Gurley, Painesville City Law Director, 240 East Main Street, Painesville, OH 44077 (For Plaintiff-Appellant).

Joseph Hada, The Law Offices of Saia & Piatt, Inc., 1392 SOM Center Road, Mayfield Heights, OH 44124 (For Defendant-Appellee).

OPINION

DIANE V. GRENDELL, J.

{¶1} Plaintiff-appellant, the State of Ohio, appeals the June 1, 2012 Judgment Entry of the Painesville Municipal Court, suppressing the result of a breath test performed on defendant-appellee, Brandy M. Collazo, using an Intoxilyzer 8000. The issue before this court is whether a trial court, exercising its evidentiary role as gatekeeper, may entertain a challenge to the results of a breath testing instrument...

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