State v. Thom

Ohio Supreme Court
State v. Thom, 1993 Ohio 111 (Ohio 1993)

State v. Thom

Opinion

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The State of Ohio, Appellee, v. Thom, Appellant. [Cite as State v. Thom (1993), Ohio St.3d .] Motor vehicles -- Driving while intoxicated -- Ohio Adm.Code 3701-53-02(C)(2) does not require a new radio frequency interference survey when the breath-testing device is moved for repairs and is returned to its original testing location. (No. 93-307 -- Submitted September 28, 1993 -- Decided November 10, 1993.) Appeal from the Court of Appeals for Seneca County, No. 13-92-20.

Richard A. Kahler, for appellant.

The motion to certify the record is allowed and the cause is affirmed on authority of State v. Yoder (1993), 66 Ohio St.3d 515, 613 N.E.2d 626. Moyer, C.J., A.W. Sweeney, Douglas, Wright, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Reference

Status
Published
Syllabus
Motor vehicles - Driving while intoxicated - Ohio Adm.Code 3701-53-02(C)(2) does not require a new radio frequency interference survey when the breath-testing device is moved for repairs and is returned to its original testing location.