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STATE v. GAEBEL

No. CA96-11-242.

122 Ohio App.3d 688 (1997)

The STATE of Ohio (City of Hamilton), Appellant, v. GAEBEL, Appellee.

Court of Appeals of Ohio, Twelfth District, Butler County.

Decided August 25, 1997.

Attorney(s) appearing for the Case

Samuel D. Borst, Hamilton City Prosecutor, for appellant.

Holbrock & Jonson Co., L.P.A., and Michael D. Shanks, for appellee.

WALSH, Judge.

Defendant-appellee Gordon J. Gaebel was arrested for driving under the influence of alcohol in violation of Hamilton City Ordinances 333.03(A)(1) and 333.03(A)(3). At the Hamilton Police Department (the "department"), Gaebel consented to a breath test. He moved to suppress the results of the test, arguing, in part, that the test was unreliable because the department failed to comply with the Ohio Adm.Code 3701-53-02(C). Gaebel asserted that Ohio Adm...

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