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STATE v. GRAY

No. 80-B-7.

4 Ohio App. 3d 47 (1980)

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

Court of Appeals of Ohio, Belmont County.

Decided October 9, 1980.

Attorney(s) appearing for the Case

Mr. Edward Sustersic, prosecuting attorney, and Mr. James L. Nichelson, for appellant.

Mr. Rodney D. Hanson, for appellee.

LYNCH, J.

Plaintiff is appealing the decision of the Belmont County Court, Western Division, dated February 25, 1980, which sustained defendant's motion to suppress the results of an intoxilyzer test. This appeal is filed pursuant to Crim. R. 12(J).

On August 18, 1979, at 11:46 p.m., defendant was arrested for operating a vehicle while under the influence of alcohol in violation of R.C. 4511.19. He was administered an intoxilyzer test which recorded a result...

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