admissibility of a breath test (Ohio) · Go Syfert
← Ohio issues

admissibility of a breath test in Ohio

8 Ohio opinions name it 1 courts 1999–2013 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Shindlergreen
ohio · 1994 · cited in 3 Ohio opinions naming this issue, 2007–2013
2 sentences

2013See State v. Shindler (1994), 70 Ohio St.3d 54 , 58 636 N.E.2d 319 . * * * In Schindler, the Ohio Supreme Court found that a motion to suppress drafted in the same manner and language as a sample motion that appeared in Painter & Looker, Ohio Driving Under the Influence Law (1999) 136-37, Section 11.16, satisfied the requirements of Crim.R. 47.

2013See State v. Shindler (1994), 70 Ohio St.3d 54 , 58 636 N.E.2d 319 . * * * In Schindler, the Ohio Supreme Court found that a motion to suppress drafted in the same manner and language as a sample motion that appeared in Painter & Looker, Ohio Driving Under the Influence Law (1999) 136-37, Section 11.16, satisfied the requirements of Crim.R. 47.

33
State v. Plummergreen
ohio · 1986 · cited in 2 Ohio opinions naming this issue, 2000–2004
2 sentences

2004See State v. Plummer (1986), 22 Ohio St.3d 292 , 490 N.E.2d 902 , syllabus.

2004See State v. Plummer (1986), 22 Ohio St.3d 292 , 490 N.E.2d 902 , syllabus.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
City of Defiance v. Kretz green
ohio · 1991
2 sentences

2003Defiance v. Kretz (1991), 60 Ohio St.3d 1 , 3 .

2000Defiance v. Kretz (1991), 60 Ohio St.3d 1 , 3 .

31999–2003
State v. Conley, 2007 Ca 52 (2-15-2008) neutral
ohioctapp · 2008
1 sentence

2013Greene No. 2007 CA 52, 2008-Ohio-609 , we discussed the requirements for admissibility of a breath test when it is challenged in a motion to suppress as follows: “When the admissibility of a breath test is challenged in a motion to suppress, the first issue that must be considered is whether the motion was stated with sufficient particularity to put the prosecutor and the court on notice of the basis of the challenge.

12013–2013
State v. Williams green
ohioctapp · 1993
1 sentence

2003State v. Williams (1993), 86 Ohio App.3d 37 , 41 . {¶ 7} When a defendant challenges the admissibility of a breath test based upon a failure to comply with a Department of Health regulation, the state need only demonstrate substantial compliance, rather than strict compliance, with that regulation.

12003–2003

Where else courts name it

OH 8 (1999–2013) NE 7 (2000–2023) FL 4 (1993–2019) IL 2 (2018–2019) VA 2 (2005–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check