 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Farris4/28/1989
ABOOD, Judge.
This cause is before the court on appeal from a judgment of the Port Clinton Municipal Court, in which defendant-appellant, Robert B. Farris, was found guilty of a violation of R.C. 4511.19(A) (3), operating a motor vehicle while having a concentration of alcohol in excess of lawful limits.
Appellant sets forth the following assignments of error:
"1. The Trial Court erred to the prejudice of the Defendant in denying Defendant's Motion to suppress the results of the intoxilyzer.
"2. The Trial Court erred to the prejudice of the Defendant in failing to grant Defendant's Motion for Acquittal.
"3. The Trial Court erred to the prejudice of the Defendant in failing to allow admission of Defendant's blood test results.
"4. The Trial Court erred to the prejudice of the Defendant in failing to allow Defendant's expert to testify as to the effects of calibrations on the intoxilyzer, performed more than one week before and one week after Defendant's intoxilyzer test, as it effects Defendant's intoxilyzer test results.
"5. The Trial Court erred to the prejudice of the Defendant by instructing the Jury that the actual accuracy of the intoxilyzer is determined only by calibration tests.
"6. The verdict of the jury is against the manifest weight of the evidence."
While the facts will be more specifically discussed as they apply to the individual assignments of error, they may be summarized as follows:
On November 6, 1987, at approximately 11:07 p.m., State Trooper, Jeff Chio, stopped appellant after observing him speeding and weaving while heading west on State Route 163, in Portage Township, Ottawa County, Ohio. Due to the speeding and weaving and a moderate odor of alcohol on appellant's breath, Trooper Chio had appellant perform various field tests to check appellant's physical coordination for impairment due to alcohol. The tests performed by appellant consisted of the horizontal gaze nystagmus test, the walk and turn test, the one leg stand balance test and the finger-to-nose test. The results of all these tests indicated the presence of alcohol in appellant's system. Trooper Chio placed appellant under arrest for violation of R.C. 4511.19(A) (1) and 4511.19(A) (3), advised him of his rights and transported histo the Port Clinton Police Department for an intoxilyzer test. Appellant's breath tested at .104 grams of alcohol per two hundred ten liters of breath. The intoxilyzer upon which appellant's breath was tested had been calibrated on November 2, 1987, four days prior to appellant's test, and again on November 9, 1987, three days after appellant's test, and indicated that the intoxilyzer used on appellant was in proper working order. Sometime after taking the intoxilyzer test, appellant was released on his own recognizance. Appellant, following his release, took a taxi from the police department to Magruder Hospital where he had a blood sample taken for purposes of having a separate test to determine his blood-alcohol level.
On January 25, 1988, a pretrial was held in appellant's case and on February 4, 1988, appellant filed a motion to suppress the results of the intoxilyzer. By judgment entry dated March 16, 1988, the trial court overruled appellant's motion. The case proceeded to jury trial on May 17, 1988, wherein the jury found the appellant not guilty of R.C. 4511.19(A) (1), but guilty of R.C. 4511.19(A) (3).
In his first assignment of error, appellant contends that the trial court erred in denying appellant's motion to suppress the results of the intoxilyzer. This claim is based on appellant's assertion that th
Page 1 2 3 4 5 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|