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STATE v. YODER

Nos. 92-953, 92-954 and 92-981.

66 Ohio St.3d 515 (1993)

THE STATE OF OHIO, APPELLEE, v. YODER, APPELLANT. THE STATE OF OHIO, APPELLEE, v. GRIGSBY, APPELLANT. THE STATE OF OHIO, APPELLEE, v. DAVIDSON, APPELLANT.

Supreme Court of Ohio.

Decided June 23, 1993.

Attorney(s) appearing for the Case

R. Larry Schneider, Union County Prosecuting Attorney, and David W. Phillips III, Assistant Prosecuting Attorney, for appellee in case Nos. 92-953 and 92-981.

John W. Dailey, Jr., for appellants Yoder and Grigsby in case Nos. 92-953 and 92-954.

Cannizzaro, Fraser & Bridges and Don W. Fraser, for appellant Davidson in case No. 92-981.

FRANCIS E. SWEENEY, SR., J.

The question presented by these appeals is whether a new radio frequency interference survey must be conducted when the intoxilyzer is removed from its testing location for service and repair, and then returned to the same site and used for testing. For the following reasons, we answer this question in the negative.

Under R.C. 4511.19(D), the General Assembly has provided that bodily substances taken to prove a violation of the...

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