CITY OF DAYTON v. SCHENCK

No. 79 TRC 787.

63 Ohio Misc. 14 (1980)

CITY OF DAYTON v. SCHENCK.

Dayton Municipal Court.

Decided February 11, 1980.


Attorney(s) appearing for the Case

Mr. Mark Friedman, for the City of Dayton.

Mr. John Ensley, for defendant.


MERZ, J.

This matter is before the court upon defendant's Motion to Suppress the results of an Intoxilyzer test administered in this case. The motion was submitted on briefs and oral testimony, presented February 5, 1980. Defendant asserted three grounds, the third of which, "other procedural error," was abandoned upon hearing.

With respect to the second ground, that the Intoxilyzer does not provide a test "by weight," defendant introduced a number of arguments...

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