Ohio appeals court upholds the suppression of Breath test results in DUI case

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On October 5, 2012, at approximately 5:00 a.m., a dispatcher relayed to an Ohio highway patrol trooper that a motorist reported a vehicle driving erratically on the Ohio turnpike. A few moments later the trooper observed the car matching the description that he had received for dispatch. The trooper then began following the car and stopped the car for a lane violation after he had observed the vehicle swing the car from the extreme right hand lane into the center lane without a signal. The trooper later testified that when he approached the driver (Juan Jimenez), that he could smell an odor of alcoholic beverage and Jimenez's eyes were bloodshot. After administered a field test, a portable breath test registered a .15 percent BAC. Next, the driver was offered a BAC DataMaster breath test which yielded a .154 percent BAC. Jimenez then was charged with DUI/drunk driving, DUAC and a lane violation.

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