Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted February 4, 2009.
Decided March 18, 2009.
Attorney(s) appearing for the Case
Paul J. Gains, Mahoning County Prosecuting Attorney, and Ralph M. Rivera, Assistant Prosecuting Attorney, for appellant.
Robert C. Kokor, for appellee.
Lamkin, Van Eman, Trimble, Beals & Dougherty, L.L.C., and Timothy L. Van Eman, urging reversal for amicus curiae Mothers Against Drunk Driving.
Joseph R. Macejko, Youngstown City Prosecutor, urging reversal for amicus curiae city of Youngstown.
Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, and Jason Patrick Small, Deputy Solicitor, urging reversal for amicus curiae Ohio Attorney General.
Timothy Huey; and Atway & Cochran, L.L.C., and Scott R. Cochran, urging affirmance for amicus curiae Ohio Association of Criminal Defense Lawyers.
Supreme Court of Ohio.
{¶ 1} The record in the trial court concerning the portable breathalyzer test used in this case is not sufficient to support either the statements in the opinion of the court of appeals regarding the use of the portable breathalyzer and the value of its test results or the judgment that the trial court should not have considered the results of the portable breath test. Accordingly, that portion of the judgment...
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