CITY OF AURORA v. KEPLEY

No. 79-7.

60 Ohio St. 2d 73 (1979)

CITY OF AURORA, APPELLANT, v. KEPLEY, APPELLEE.

Supreme Court of Ohio.

Decided November 28, 1979.


Attorney(s) appearing for the Case

Messrs. Walter, Haverfield, Buescher & Chockley and Mr. John H. Gibbon, for appellant.

Messrs. Loomis, Poland, Wilson & Griffith and Mr. Harry L. Griffith, for appellee.


CELEBREZZE, C. J.

This court stated in Mentor v. Giordano (1967), 9 Ohio St.2d 140, in the sixth paragraph of the syllabus, as follows:

"Before the results of a Breathalyzer test given an accused are admissible in evidence against him, it is incumbent on the state to show that the instrument was in proper working order and that its manipulator had the qualifications to conduct the test."

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