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Newark v. Lucas12/21/1988
e results of a properly administered bodily substances test presented with expert testimony may be admitted in evidence despite the fact that the bodily substance was withdrawn more than two hours from the time of the alleged violation.
In the instant action, appellant planned to introduce the test results at trial together with the testimony of an expert toxicologist who would relate the test results back to the time of the accident and state the effect of the alcohol concentration upon the appellee at that time. The trial court suppressed the results as to all charges on the basis of the language contained in Newark Ordinance 434.01(c). Based on the foregoing, we find that the trial court improperly suppressed those results as to appellee's alleged violation of the ordinance relating to the operation of a motor vehicle while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse.
Accordingly, we affirm the decision of the court of appeals in part, reverse in part, and remand this cause to the trial court for further proceedings on the charge of violating Newark Codified Ordinance 434.01(a)(1).
Judgment affirmed in part, reversed in part and cause remanded.
MOYER, C.J., SWEENEY, HOLMES, DOUGLAS, WRIGHT and H. BROWN, JJ., concur.
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