STATE OF OHIO, Plaintiff-Appellant,
v.
NICOLE R. FUNK, Defendant-Appellee.
Court of Appeals of Ohio, Eleventh District, Portage County.https://leagle.com/images/logo.png
February 11, 2013.
February 11, 2013.
Attorney(s) appearing for the Case
Victor V. Vigluicci , Portage County Prosecutor, and Pamela J. Holder , Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellant).
Dennis Day Lager , Portage County Public Defender, and John P. Laczko , Assistant Public Defender, 209 South Chestnut Street, #400, Ravenna, OH 44266 (For Defendant-Appellee).
Court of Appeals of Ohio, Eleventh District, Portage County.
OPINION
DIANE V. GRENDELL, J.
{¶1} Plaintiff-appellant, the State of Ohio, appeals the judgment of the Portage County Municipal Court, Ravenna Division, holding the breath test results of the Intoxilyzer 8000 would not be admissible at trial in a prosecution for driving with a prohibited breath alcohol concentration (OVI). The issue before this court is whether a trial court, exercising its evidentiary role as gatekeeper, may pass judgment...
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