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STATE v. WEMER

No. 95CA1675.

112 Ohio App.3d 100 (1996)

The STATE of Ohio, Appellant, v. WEMER, Appellee.

Court of Appeals of Ohio, Fourth District, Athens County.

Decided June 27, 1996.

Attorney(s) appearing for the Case

David A. Trimmer, Athens City Prosecuting Attorney, for appellant.

Gwinn & Wallace and James A. Wallace, for appellee.

HARSHA, Judge.

This is an appeal by the state of Ohio of an order by the Athens County Municipal Court granting a motion to suppress the breathalyzer test result in the prosecution of Gail Wemer for driving under the influence in violation of R.C. 4511.19(A)(3). Appellant assigns the following error:

"The trial court erred in ruling that because the repair records are not kept at the Ohio State Highway Patrol, Athens Post, pursuant to Ohio Adm.Code 3701-53...

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