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CITY OF DEFIANCE v. KRETZ

Nos. 90-761 and 90-762.

60 Ohio St. 3d 1 (1991)

CITY OF DEFIANCE, APPELLEE, v. KRETZ, APPELLANT. CITY OF DEFIANCE, APPELLEE, v. STAFFORD, APPELLANT.

Supreme Court of Ohio.

Decided May 15, 1991.

Attorney(s) appearing for the Case

John T. Rohrs III, city law director, for appellee.

Arthur, O'Neil & Mertz Co., L.P.A., and E. Charles Bates, for appellants.

J. Anthony Sawyer, Vincent P. Popp and John Scaccia, urging reversal for amicus curiae, Ohio Municipal League.

Barbara Farnbacher and Harry R. Reinhart, urging reversal for amicus curiae, Ohio Association of Criminal Defense Lawyers.

H. BROWN, J.

This case requires us to decide whether a pretrial motion to suppress followed by a no contest plea is a proper procedural mechanism by which a defendant, charged with a violation of R.C. 4511.19(A)(3), may challenge the results of a breathalyzer test based on an alleged failure to comply with Ohio Department of Health ("ODH") regulations. For the reasons which follow, we hold that it is and reverse the court...

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