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STATE v. BRZYSCZ

No. 2008-A-0046.

2009 Ohio 680

State of Ohio, Plaintiff-Appellee, v. Larry E. Brzyscz, Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Ashtabula County.

February 13, 2009.

Attorney(s) appearing for the Case

Thomas L. Sartini, Ashtabula County Prosecutor and Shelley M. Pratt, Assistant Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH 44047 (For Plaintiff-Appellee).

Dennis M. Coyne, 1428 Hamilton Avenue, Cleveland, OH 44114 (For Defendant-Appellant).

OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} Appellant, Larry E. Brzyscz, appeals his conviction in the Ashtabula County Court, Western District, for operating a vehicle with a prohibited concentration of alcohol in the blood and the trial court's judgment denying his motion to suppress the results of his breathalyzer test. At issue is whether the BAC DataMaster was calibrated within the time limit prescribed by the Ohio Administrative Code....

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