CITY OF COLUMBUS v. DAY

No. 84AP-1128.

24 Ohio App. 3d 173 (1985)

CITY OF COLUMBUS, APPELLEE, v. DAY, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided June 11, 1985.


Attorney(s) appearing for the Case

Gregory S. Lashutka, city attorney, Ronald J. O'Brien, city prosecutor, and David E. Tingley, for appellee.

Gerald G. Simmons and Dennis G. Day, pro se, for appellant.


NORRIS, J.

Defendant appeals his conviction for operating a motor vehicle while having a prohibited concentration of alcohol in his breath. The concentration had been measured by an intoxilyzer machine.

During the course of his trial on this per se violation, defendant sought to introduce the testimony of a chemist concerning intoxilyzers, and to have the expert give his opinion, in response to a hypothetical question, that defendant could not have...

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