The state of Ohio appealed a February 2013 decision by the Licking County Municipal Court that granted the defendant-appellee motion to suppress. This case originated from an arrest that took place on December 16, 2012. The defendant was arrested for speeding, operating a vehicle while intoxicated (OVI) and underage OVI. She pled not guilty to all three charges. Appellee filed a motion to suppress evidence involving the initial traffic stop, her field sobriety test performance and the results of her breath test due to an alleged procedural error.
In OVI conviction, the court ruled that it was not error to grant motion to suppress where the state failed to establish that it substantially complied with Ohio Adm. Code 3701–53–04(A) since the instrument used on defendant was not tested at least every 192 hours. Read more: State v. Boss, 2013-Ohio-4005.