STATE v. WEIRICH

No. 85-TRC-2707.

31 Ohio Misc. 2d 13 (1985)

THE STATE OF OHIO v. WEIRICH.

Massillon Municipal Court.

Decided October 30, 1985.


Attorney(s) appearing for the Case

Robert Zedell, prosecuting attorney, for plaintiff.

Harold E. Wonnell, John K. Everett and J. Fred Stergios, for defendant.


MUSSER, J.

This matter was heard on defendant's motions to suppress evidence with regard to the breath test, and to dismiss.

Two questions are presented in defendant's motion: lack of probable cause and the constitutionality of Ohio Adm. Code 3701-53-04 and Official Instruction No. 009.

With regard to the probable cause question, the only evidence submitted at hearing was that of Trooper Warden. Based on the evidence, the court finds that probable...

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