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STATE v. COLLAZO

No. 2012-L-067.

2013 Ohio 439

STATE OF OHIO, Plaintiff-Appellant, v. BRANDY M. COLLAZO, Defendant-Appellee.

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

February 11, 2013.

Attorney(s) appearing for the Case

Joseph M. Gurley , Painesville City Law Director, 240 East Main Street, Painesville, OH 44077 (For Plaintiff-Appellant).

Joseph Hada , The Law Offices of Saia & Piatt, Inc., 1392 SOM Center Road, Mayfield Heights, OH 44124 (For Defendant-Appellee).

OPINION

DIANE V. GRENDELL, J.

{¶1} Plaintiff-appellant, the State of Ohio, appeals the June 1, 2012 Judgment Entry of the Painesville Municipal Court, suppressing the result of a breath test performed on defendant-appellee, Brandy M. Collazo, using an Intoxilyzer 8000. The issue before this court is whether a trial court, exercising its evidentiary role as gatekeeper, may entertain a challenge to the results of a breath testing instrument...

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