STATE v. BIRTH

No. 1752.

41 Ohio App. 3d 112 (1987)

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

Court of Appeals of Ohio, Portage County.

Decided August 3, 1987.


Attorney(s) appearing for the Case

John J. Plough, prosecuting attorney, and Paul Cushion, for appellee.

Paul M. Earle, for appellant.


FORD, P.J.

Appellant, Judy A. Birth, claims that the trial court erred in not granting her motion to suppress the evidence of her breath test, asserting that the test results were inaccurate because appellant had applied lipstick to her lips during the twenty-minute observation period. This argument is predicated upon the BAC Verifier Test Report Form, issued by the Department of Health, which requires that a subject be observed for twenty minutes, prior to the test...

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