STATE v. BURNSIDE

Nos. 2002-1440 and 2002-1524.

100 Ohio St.3d 152 (2003)

2003-Ohio-5372

THE STATE OF OHIO, APPELLANT, v. BURNSIDE, APPELLEE.

Supreme Court of Ohio.

Decided October 22, 2003.


Attorney(s) appearing for the Case

Jason M. Griggs, Fairfield County Assistant Prosecuting Attorney, and Terre Lynne Vandervoort, Lancaster Law Director, for appellant.

Dagger, Johnston, Miller, Ogilvie & Hampson and Scott P. Wood, for appellee.


MOYER, C.J.

{¶ 1} The issue presented in this case is whether the state substantially complies with the alcohol-testing regulations set forth in the Ohio Administrative Code when it fails to use a solid anticoagulant in a blood test.

I

{¶ 2} On July 28, 2001, Trooper Donald A. Ward arrested defendant-appellee, Chadd A. Burnside, for driving under the influence of alcohol. In the early hours of that morning, Trooper Ward stopped...

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