STATE v. FRENCH

No. 94-67.

72 Ohio St.3d 446 (1995)

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

Supreme Court of Ohio.

Decided July 5, 1995.


Attorney(s) appearing for the Case

Michael F. Sheils, Chief Prosecuting Attorney, and Kathryn A. Reckley, Assistant Prosecuting Attorney, for appellant.

James D. Marshall, Clark County Assistant Public Defender, for appellee.

Betty D. Montgomery, Attorney General, Richard A. Cordray, State Solicitor, and Simon B. Karas, Deputy Chief Counsel, urging reversal for amicus curiae, Ohio Attorney General.


MOYER, C.J.

The issue certified to this court by the Second District Court of Appeals is "whether a challenge to the results of a breath alcohol test on the basis of failure to comply with regulations of the Ohio Department of Health may be raised by a criminal defendant in the form of an objection to the admissibility of that test result during the course of trial, when the defendant has not moved to suppress the test...

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