STATE v. MARTIN

No. 90 TRC 5081 A, B & C.

61 Ohio Misc.2d 448 (1991)

The STATE of Ohio v. MARTIN. CITY OF SIDNEY v. MARTIN.

Sidney Municipal Court, Ohio.

Decided May 2, 1991.


Attorney(s) appearing for the Case

Ralph A. Bauer, Assistant City Prosecutor, for plaintiff.

Richard H. Wallace, for defendant.


DONALD G. LUCE, Judge.

This matter came before the court on defendant's motion to suppress and motion in limine. Several hearings were held and thereafter both parties submitted memorandums.

The defendant, Phillip A. Martin, was stopped for operating a motor vehicle while under the influence of alcohol on November 2, 1990 in Sidney, Ohio. He was subsequently given a breath test on the Intoxilyzer 5000 machine in the Sidney Police Department. This was a new...

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