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


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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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