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STATE v. CARTER

No. 2012-P-0027.

2012 Ohio 5583

STATE OF OHIO, Plaintiff-Appellant, v. JESSE A. CARTER, Defendant-Appellee.

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

December 3, 2012.

Attorney(s) appearing for the Case

Victor V. Vigluicci , Portage County Prosecutor, and Theresa M. Scahill , Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellant).

William A. Lefaiver , 8010 McGhee Lane, Hudson, OH 44236 (For Defendant-Appellee).

OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} Appellant, the state of Ohio, appeals the judgment of the Portage County Municipal Court, Ravenna Division, granting the motion in limine of appellee, Jesse Carter, to exclude evidence of the result of an Intoxilyzer 8000 test. At issue is whether the trial court erred in requiring the state to present evidence of the reliability of the Intoxilyzer 8000 as a predicate for the admission of the result...

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