State v. French, 650 N.E.2d 887 (Ohio 1995). · Go Syfert
State v. French, 650 N.E.2d 887 (Ohio 1995). Cases Citing This Book View Copy Cite
“n a charge under r.c. 4511.19(a)(1), the chemical test result is not dispositive of guilt, but merely constitutes some evidence to consider, if probative, in addition to all other evidence regarding the conduct of the defendant.”
535 citation events (423 in the last 25 years) across 11 distinct courts.
Strongest positive: State v. Orrell (ohioctapp, 2024-03-28)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (quoted) State v. Orrell (2×)
Ohio Ct. App. · 2024 · quote attribution · 2 verbatim quotes · confidence low
ruling on a motion in limine reflects the court's anticipated treatment of an evidentiary issue at trial and, as such, is a tentative, interlocutory, precautionary ruling.
examined Cited as authority (quoted) State v. Stankorb (2×)
Ohio Ct. App. · 2023 · signal: see · quote attribution · 2 verbatim quotes · confidence high
n a charge under r.c. 4511.19(a)(1), the chemical test result is not dispositive of guilt, but merely constitutes some evidence to consider, if probative, in addition to all other evidence regarding the conduct of the defendant.
examined Cited as authority (quoted) State v. Bechtel (2×)
Ohio Ct. App. · 2020 · quote attribution · 2 verbatim quotes · confidence low
ruling on a motion in limine reflects the court's anticipated treatment of an evidentiary issue at trial and, as such, is a tentative, interlocutory, precautionary ruling
discussed Cited as authority (rule) State v. Fogle
Ohio Ct. App. · 2026 · confidence medium
“The term ‘abuse of discretion’ connotes more than an error of law or judgment; it implies that the court’s attitude is unreasonable, arbitrary[,] or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶45} A defendant must “challenge the admissibility of the chemical test results through a pretrial motion to suppress” or he “waives the requirement on the state to lay a foundation for the admissibility of the test results at trial.” State v. French, 72 Ohio St.3d 446, 451 (1995).
cited Cited as authority (rule) State v. Campbell
Ohio Ct. App. · 2026 · confidence medium
State v. French, 72 Ohio St.3d 446, 449 (1995); State v. Edwards, 2005-Ohio-6180 , ¶ 12; State v. Henry, 2009- Ohio-434, ¶ 30 (12th Dist.).
cited Cited as authority (rule) State v. Campbell
Ohio Ct. App. · 2026 · confidence medium
State v. French, 72 Ohio St.3d 446, 449 (1995); State v. Edwards, 2005-Ohio-6180 , ¶ 12; State v. Henry, 2009- Ohio-434, ¶ 30 (12th Dist.).
discussed Cited as authority (rule) State v. Foster
Ohio Ct. App. · 2025 · confidence medium
An important characteristic of a motion to suppress is that finality attaches so that the ruling of the court at the suppression hearing prevails at trial and is, therefore, automatically appealable by the state.” State v. French, 72 Ohio St.3d 446, 449 (1995).
discussed Cited as authority (rule) State v. Hopkins
Ohio Ct. App. · 2025 · confidence medium
“Generally, motions to suppress are used to raise challenges to evidence that is alleged to have been obtained in violation of the Constitution, while motions in limine are used to raise challenges to evidence based on the Rules of Evidence.” State v. Hubbs, 2010-Ohio-4849, ¶ 15 (7th Dist.), citing State v. Edwards, 2005-Ohio-6180 , ¶ 16 and State v. French, 72 Ohio St.3d 446, 449 (1995). {¶ 29} This court has explained: “A ‘motion to suppress’ is defined as a ‘[d]evice used to eliminate from the trial of a criminal case evidence which has been secured illegally, generally in vi…
discussed Cited as authority (rule) State v. Foster
Ohio Ct. App. · 2025 · confidence medium
State v. Miller, 2018-Ohio-4648, ¶ 8 (3d Dist.). “‘A ruling on a motion in limine reflects the court’s anticipated treatment of an evidentiary issue at trial and, as such, is a tentative, interlocutory, precautionary ruling.’” Id., quoting State v. French, 72 Ohio St.3d 446, 450 (1995). “‘The established rule in Ohio is that the grant or denial of a motion in limine is not a ruling on the evidence.’” Id., quoting State v. Thompson, 2005-Ohio-2053, ¶ 26 (3d Dist.). “‘In deciding such motions, the trial court is at liberty to change its ruling on the disputed evidence in …
discussed Cited as authority (rule) State v. Armstrong
Ohio Ct. App. · 2025 · confidence medium
“A defendant who pleads no contest ordinarily waives the right to appeal an adverse ruling on a motion in limine because such errors must be presented by an objection, proffer, or ruling on the record.” (Citations omitted.) State v. Orrell, 2024-Ohio-1194, ¶ 16 (7th Dist.), citing State v. Barr, 2023-Ohio-1017, ¶ 13 (7th Dist.) and State v. French, 72 Ohio St.3d 446, 450 (1995).
discussed Cited as authority (rule) Benedict v. Smith
N.D. Ohio · 2025 · confidence medium
“A ruling on a motion in limine reflects the court's anticipated treatment of an evidentiary issue at trial and, as such, is a tentative, interlocutory, precautionary ruling.” (Emphasis sic.) French at 450, 650 N.E.2d 887 .
cited Cited as authority (rule) State v. Higgins
Ohio Ct. App. · 2025 · confidence medium
State v. French, 72 Ohio St.3d 446, 449 (1995).
discussed Cited as authority (rule) State v. Robinson
Ohio Ct. App. · 2025 · confidence medium
State v. Johnson, 2014-Ohio-5021 , ¶ 40. “[A] motion to suppress is the proper vehicle for raising constitutional challenges based on the exclusionary rule[.]” State v. French, 72 Ohio St.3d 446, 449 (1995).
discussed Cited as authority (rule) State v. Robinson
Ohio Ct. App. · 2025 · confidence medium
State v. Johnson, 2014-Ohio-5021 , ¶ 40. “[A] motion to suppress is the proper vehicle for raising constitutional challenges based on the exclusionary rule[.]” State v. French, 72 Ohio St.3d 446, 449 (1995).
discussed Cited as authority (rule) State v. Wolfe
Ohio Ct. App. · 2025 · confidence medium
State v. Meyers, 2001-Ohio-2282 , ¶ 41 (3d Dist.). {¶ 95} “A ‘motion to suppress’ is defined as a ‘[d]evice used to eliminate from the trial of a criminal case evidence which has been secured illegally, generally in violation of -35- the Fourth Amendment (search and seizure), the Fifth Amendment (privilege against self incrimination), or the Sixth Amendment (right to assistance of counsel, right of confrontation etc.), of U.S. Constitution.’ ” State v. French, 72 Ohio St.3d 446, 449 (1995) quoting Black's Law Dictionary (6 Ed.1990).
discussed Cited as authority (rule) State v. McCleery
Ohio Ct. App. · 2024 · confidence medium
“A ruling on a motion in limine reflects the court’s anticipated treatment of an evidentiary issue at trial and, as such, is a tentative, interlocutory, precautionary ruling.” State v. French, 72 Ohio St.3d 446, 450 (1995).
discussed Cited as authority (rule) State v. Reich
Ohio Ct. App. · 2024 · confidence medium
Such evidence is relevant as it may tend to show “an absence of guilt * * *.” Ott at 534 . {¶10} In State v. French, the Ohio Supreme Court considered whether, “in a charge under R.C. 4511.19(A)(1), expert testimony is required to explain the significance of a legally obtained breathalyzer test result that is below the per se level.” 72 Ohio St.3d 446, 452 (1995).
discussed Cited as authority (rule) State v. Dawson
Ohio Ct. App. · 2023 · confidence medium
“An important characteristic of a motion to suppress is that finality attaches so that the ruling of the court at the suppression hearing prevails at trial and is, therefore, automatically appealable[.]” State v. French, 72 Ohio St.3d 446, 449 , 650 N.E.2d 887, 890 (1995).
discussed Cited as authority (rule) State v. Houston
Ohio Ct. App. · 2022 · confidence medium
Allen No. 1-18-17, 2018-Ohio-4648 : “ ‘A ruling on a motion in limine reflects the court’s anticipated treatment of an evidentiary issue at trial and, as such, is a tentative, interlocutory, precautionary ruling.’ ˮ Miller at ¶ 8, quoting State v. French, 72 Ohio St.3d 446, 450 (1995).
cited Cited as authority (rule) State v. Benedict
Ohio Ct. App. · 2022 · confidence medium
Clark No. 2009 CA 83, 2010-Ohio-4751 , ¶ 27, quoting State v. French, 72 Ohio St.3d 446, 449 (1995), quoting Black’s Law Dictionary 1014 (6th Ed.1990).
discussed Cited as authority (rule) State v. Robinson
Ohio Ct. App. · 2020 · confidence medium
Clark No. 2009 CA 83, 2010-Ohio-4751 , ¶ 27, -17- Case No. 1-19-79 quoting State v. French, 72 Ohio St.3d 446, 449 (1995), quoting Black’s Law Dictionary 1013 (6th Ed.1990). “‘A ruling on a motion in limine reflects the court’s anticipated treatment of an evidentiary issue at trial and, as such, is a tentative, interlocutory, precautionary ruling.’” Id., quoting French at 450 . “‘The established rule in Ohio is that the grant or denial of a motion in limine is not a ruling on the evidence.’” Id., quoting State v. Thompson, 3d Dist.
cited Cited as authority (rule) State v. Rozikov
Ohio Ct. App. · 2020 · confidence medium
Allen No. 1-18-17, 2018-Ohio-4648, ¶ 8 , citing State v. French, 72 Ohio St.3d 446, 450 (1995).
cited Cited as authority (rule) State v. Leatherwood
Ohio Ct. App. · 2020 · confidence medium
State v. French, 72 Ohio St.3d 446, 449 (1995).
cited Cited as authority (rule) State v. Miller
Ohio Ct. App. · 2018 · confidence medium
Clark No. 2009 CA 83, 2010-Ohio-4751 , ¶ 27, quoting State v. French, 72 Ohio St.3d 446, 449 (1995), quoting Black’s Law Dictionary 1013 (6th Ed.1990).
cited Cited as authority (rule) State v. Hagerman
Ohio Ct. App. · 2018 · confidence medium
State v. French, 72 Ohio St.3d 446, 449 (1995).
discussed Cited as authority (rule) State v. Dibble
Ohio Ct. App. · 2017 · confidence medium
Ohio Academy of Trial No. 16AP-629 14 Lawyers v. Sheward, 86 Ohio St.3d 451, 491 (1999); State v. French, 72 Ohio St.3d 446, 450 (1995). {¶ 35} In reviewing whether the fruits of the search of Dibble's home can be used as evidence against him in a criminal proceeding, there is no basis in the law or under the Constitution to consider statements made by the detective to the municipal judge issuing the search warrant that were not preserved in the record. 3.
examined Cited as authority (rule) State v. Woltz (3×)
Oh. Ct. App. 4th Dist. Athens · 2017 · confidence medium
A motion to suppress is the proper pretrial procedure for challenging the state's substantial compliance with regulations concerning the collection and handling of blood and urine specimens because noncompliance with these regulations means that the corresponding breathalyzer, blood or urine test results were "illegally obtained." Edwards at ¶ 11 ; French at 450, 650 N.E.2d 887 (specifically discussing breathalyzer results).
discussed Cited as authority (rule) State v. Napier
Ohio Ct. App. · 2017 · confidence medium
"A 'motion to suppress' is defined as a '[d]evice used to eliminate from the trial of a criminal case evidence which has been secured illegally[;]'" thus, it "is the proper vehicle for raising constitutional challenges based on the exclusionary rule * * *." (Citations omitted.) State v. French, 72 Ohio St.3d 446, 449 (1995), quoting Black's Law Dictionary (6th Ed.1990) 1014.
discussed Cited as authority (rule) Groves v. Ihsanullah
Ohio Ct. App. · 2016 · confidence medium
The purpose of a motion in limine “is to avoid injection into [the] trial of matters which are irrelevant, inadmissible and prejudicial[,] and granting of [the] motion is not a ruling on evidence and, where properly drawn, granting of [the] motion cannot be error.” Id. at 1013-1014.
discussed Cited as authority (rule) State v. Mansour
Ohio Ct. App. · 2016 · confidence medium
It is well-settled that "the exclusionary rule will not ordinarily be applied to suppress evidence which is the product of police conduct that violates a statute but falls short of a constitutional violation, unless specifically required by the legislature." State v. French, 72 Ohio St.3d 446, 449 (1995).
discussed Cited as authority (rule) State v. Hignite
Ohio Ct. App. · 2015 · confidence medium
Specifically, Crim.R. 12(K) provides that when the state takes an appeal from an order suppressing or excluding evidence, "the prosecuting attorney must certify that (1) the appeal is not taken for the purpose of delay, and (2) the ruling on the motion or motions has rendered the state's proof with respect to the pending charge so weak in its entirety that any reasonable possibility of effective prosecution has been destroyed." Id. {¶ 9} "The purpose and effect of a motion to suppress and a motion in limine are distinct." State v. French, 72 Ohio St.3d 446, 449 (1995).
cited Cited as authority (rule) State v. Shalash
Ohio Ct. App. · 2015 · confidence medium
State v. Johnston, 2015-Ohio-450 at ¶ 16 , citing State v. French, 72 Ohio St.3d 446, 450 (1995).
discussed Cited as authority (rule) State v. Scott
Ohio Ct. App. · 2014 · confidence medium
Thus, a motion to suppress is the proper vehicle for raising constitutional challenges based on the exclusionary rule first enunciated by the United States Supreme Court in Weeks v. United States (1914), 232 U.S. 383 , 34 S.Ct. 341 , 58 L.Ed. 652 , and made applicable to the states in Mapp v. Ohio (1961), 367 U.S. 643 , 81 S.Ct. 1684 , 6 L.Ed.2d 1081 .” State v. French, 72 Ohio St.3d 446, 449 , 650 N.E.2d 887, 890 (1995). {¶ 10} In his motion to suppress, Scott argued that his statements, as well as the “[o]bservations and opinions of the police officer(s)” who stopped and “arrested�…
discussed Cited as authority (rule) State v. Dickson
Ohio Ct. App. · 2013 · confidence medium
A “motion to suppress” is defined as a “[d]evice used to eliminate from the trial of a criminal case evidence which has been secured illegally, generally in violation of the Fourth Amendment (search and seizure), the Fifth Amendment (privilege against self-incrimination), or the Sixth Amendment (right to assistance of counsel, right of confrontation etc.), of [the] U.S. Constitution.” State v. French, 72 Ohio St.3d 446, 449 (1995), quoting Black’s Law Dictionary 1014 (6th Ed.1990).
discussed Cited as authority (rule) State v. Mock
Ohio Ct. App. · 2013 · confidence medium
Appellant acknowledges these arguments were never advanced before the trial court in any capacity but, rather, maintains the trial court committed plain error in failing to exclude the evidence on these grounds. {¶8} A motion to suppress evidence “is the proper vehicle for raising constitutional challenges based on the exclusionary rule[.]” State v. French, 72 Ohio St.3d 446, 449 (1995).
discussed Cited as authority (rule) State v. Coxwell
Ohio Ct. App. · 2012 · confidence medium
Furthermore, for the reasons that follow, we do not need to reach the question of whether Kahn-Assian qualified as someone authorized to draw appellant’s blood in order to address appellant’s argument. {¶26} It is well-settled that "the exclusionary rule will not ordinarily be applied to suppress evidence which is the product of police conduct that violates a statute but falls short of a constitutional violation, unless specifically required by the legislature." State v. French, 72 Ohio St.3d 446, 449 (1995), citing Kettering v. Hollen, 64 Ohio St.2d 232, 235 (1980).
discussed Cited as authority (rule) State v. Walters
Ohio Ct. App. · 2012 · confidence medium
Under the statutory scheme, “a chemical test administered in accordance with R.C. [4511.19.1] following arrest, pursuant to implied consent, does not constitute an unreasonable search and seizure.” Id. “[T]he exclusionary rule will not ordinarily be applied to suppress evidence which is the product of police conduct that violates a statute but falls short of a constitutional violation, unless specifically required by the legislature.” State v. French, 72 Ohio St. 3d 446, 449 (1995); see State v. Hannon, 1st Dist.
cited Cited as authority (rule) State v. Hubbs
Ohio Ct. App. · 2010 · confidence medium
State v. Edwards, 107 Ohio St.3d 16 , 2005-Ohio-6180 , ¶16 (addressing motions in limine); State v. French (1995), 72 Ohio St.3d 446, 449 (addressing suppression motions).
examined Cited as authority (rule) City of Columbus v. Aleshire (4×) also: Cited "see, e.g."
Ohio Ct. App. · 2010 · confidence medium
Moreover, “a ruling on a motion to suppress challenging the admissibility of a BAC test is not a preliminary ruling on an evidentiary matter.” French at 451, 650 N.E.2d 887 .
discussed Cited as authority (rule) State v. Hruby, Unpublished Decision (2-20-2003)
Ohio Ct. App. · 2003 · confidence medium
State v. French , supra at 451. {¶ 19} The majority opinion concedes the evidence the state sought to introduce in this case is relevant, and further concedes the trial court made a ruling on the value of that evidence.
examined Cited as authority (rule) State v. Coyle, Unpublished Decision (3-15-2000) (3×) also: Cited "see"
Ohio Ct. App. · 2000 · confidence medium
French at 450-51; see, also, State v. Ulis (1992), 65 Ohio St.3d 83 , 85 .
discussed Cited as authority (rule) State v. Burghardt, Unpublished Decision (7-16-1999)
Ohio Ct. App. · 1999 · confidence medium
In State v. French (1995), 72 Ohio St.3d 446 , the Ohio Supreme Court held that "a defendant who does not object to the admissibility of a breath-alcohol test through a pretrial motion to suppress on the basis of a failure by the state to comply with Ohio Department of Health regulations may not object to the admissibility of the test results at trial on those grounds." Id. at 449.
cited Cited as authority (rule) Cunningham v. Hildebrand, Unpublished Decision (6-24-1999)
Ohio Ct. App. · 1999 · confidence medium
Id. at 450 (emphasis in original).
discussed Cited as authority (rule) State v. Willard C. Cook, Sr.
Tenn. Crim. App. · 1997 · confidence medium
In Ohio v. French, 650 N.E.2d 887, 891-92 (Ohio 1995), the court noted that the testing requirements came from the Department of Health administrative regulations and concluded that a motion to suppress should be used to address evidence that is “illegally obtained” whether by violation of constitutional or statutory provisions.
discussed Cited "see" State v. Knott (2×)
Ohio Ct. App. · 2024 · signal: see · confidence high
See State v. French, 72 Ohio St.3d 446, 449 , 650 N.E.2d 887 (1995) (noting the distinctions between a motion to suppress and motion in limine and stating that “[a] ‘motion to suppress’ is defined as a ‘[d]evice used to eliminate from the trial of a criminal case evidence which has been secured illegally, generally in violation’ of constitutional rights”), quoting Black’s Law Dictionary 1014 (6th Ed.1990).
discussed Cited "see" State v. McCaulley (2×)
Ohio Ct. App. · 2023 · signal: see · confidence high
As applied to the HGN test, a defendant who “seeks to challenge whether the test was administered in substantial compliance with NHTSA standards * * * has waived that challenge by not filing a motion to suppress.” Beavers at ¶ 17; See State v. French, 72 Ohio St.3d 446, 450 , 650 N.E.2d 887 (1995) (holding that a failure to challenge the admissibility of a chemical test through a pretrial motion waives the requirement on the State to lay a foundation for the admissibility of the test results at trial.) We see no reason why the same standard should not similarly apply to the VGN portion of…
discussed Cited "see" State v. Vasquez (2×)
unknown court · 2017 · signal: see · confidence high
See State v. French, 72 Ohio St.3d 446, 449-450 , 650 N.E.2d 887 (1995); State v. Halko, 1st Dist.
discussed Cited "see" State v. Croft (2×)
Ohio Ct. App. · 2016 · signal: see · confidence high
See State v. French, 72 Ohio St.3d 446, 449 , 1995-Ohio- 32, 650 N.E.2d 887 (1995); City of Defiance v. Kretz, 60 Ohio St.3d 1, 4-5 , 573 N.E.2d 32 (1991).
discussed Cited "see" State v. Schwentker
Ohio Ct. App. · 2015 · signal: see · confidence high
See State v. French, 72 Ohio St.3d 446, 449 (1995); State v. Davidson, 17 Ohio St.3d 132 (1985), syllabus. 5 {¶23} Here, because the trial court never ruled on Mr. Schwenkter’s motion to suppress, there is nothing for us to review and, therefore, we can neither affirm nor reverse. {¶24} In its second assignment of error, the state contends the trial court erred in granting Mr. Schwentker’s motion to dismiss. {¶25} “We review a trial court’s decision on a motion to dismiss pursuant to a de novo standard of review.” State v. Rode, 11th Dist.
examined Cited "see" State v. Butler (3×) also: Cited "see, e.g."
Ohio Ct. App. · 2013 · signal: see · confidence high
See generally State v. French, 72 Ohio St.3d 446 , 1995–Ohio–32 and State v. Vega, 12 Ohio St.3d 185 (1984). {¶21} In the case at bar, the record of the suppression hearing contains no evidence of noncompliance with any applicable regulation of the Ohio Department of Stark County, Case No. 2013CA00053 10 Health. , As a result, the trial court did not err in denying appellant's motion to suppress.
The State of Ohio
v.
French
No. 94-67.
Ohio Supreme Court.
Jul 5, 1995.
650 N.E.2d 887
Michael F. Sheils, Chief Prosecuting Attorney, and Kathryn A. Reckley, Assistant Prosecuting Attorney, for appellant., James D. Marshall, Clark County Assistant Public Defender, for appellee., Betty D. Montgomery, Attorney General, Richard A Cordray, State Solicitor, and Simon B. Karas, Deputy Chief Counsel, urging reversal for amicus curiae, Ohio Attorney General.
Cook, Douglas, Moyer, Only, Pfeifer, Resnick, Sweeney, Wright.
Cited by 240 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #22,687 of 633,719
Citer courts: Ohio Court of Appeals (6)
Moyer, C.J.

The issue certified to this court by the Second District Court of Appeals is “whether a challenge to the results of a breath alcohol test on the basis of failure to comply with regulations of the Ohio Department of Health may be raised by a criminal defendant in the form of an objection to the admissibility of that test result during the course of trial, when the defendant has not moved to[*449] suppress the test result upon that ground before trial.” For the reasons that follow, we hold that a defendant who does not object to the admissibility of a breath-alcohol test through a pretrial motion to suppress on the basis of a failure by the state to comply with Ohio Department of Health regulations may not object to the admissibility of the test results at trial on those grounds.

Crim.R. 12(B), which addresses pretrial motions, provides:

“(B) Pretrial Motions. Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. The following must be raised before trial:
U * * *
“(3) Motions to suppress evidence * * * on the ground that it was illegally obtained. * * * ”

The purpose and effect of a motion to suppress and a motion in limine are distinct. A “motion to suppress” is defined as a “[djevice used to eliminate from the trial of a criminal case evidence which has been secured illegally, generally in violation of the Fourth Amendment (search and seizure), the Fifth Amendment (privilege against self incrimination), or the Sixth Amendment (right to assistance of counsel, right of confrontation etc.), of U.S. Constitution.” Black’s Law Dictionary (6 Ed.1990) 1014. Thus, a motion to suppress is the proper vehicle for raising constitutional challenges based on the exclusionary rule first enunciated by the United States Supreme Court in Weeks v. United States (1914), 232 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652, and made applicable to the states in Mapp v. Ohio (1961), 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081. Further, this court has held that the exclusionary rule will not ordinarily be applied to suppress evidence which is the product of police conduct that violates a statute but falls short of a constitutional violation, unless specifically required by the legislature. Kettering v. Hollen (1980), 64 Ohio St.2d 232, 235, 18 O.O.3d 435, 437, 416 N.E.2d 598, 600. An important characteristic of a motion to suppress is that finality attaches so that the ruling of the court at the suppression hearing prevails at trial and is, therefore, automatically appealable by the state. R.C. 2945.67(A); Crim.R. 12(J); see, also, State v. Davidson (1985), 17 Ohio St.3d 132, 17 OBR 277, 477 N.E.2d 1141.

A “motion in limine ” is defined as “[a] pretrial motion requesting [the] court to prohibit opposing counsel from referring to or offering evidence on matters so highly prejudicial to [the] moving party that curative instructions cannot prevent [a] predispositional effect on [the] jury.” Black’s Law Dictionary, supra, at 1013. The purpose of a motion in limine “is to avoid injection into [the] trial of matters which are irrelevant, inadmissible and prejudicial,] and granting of [the] motion is not a ruling on evidence and, where properly drawn, granting of [the] motion[*450] cannot be error.” Id. at 1013-1014. See State v. Maurer (1984), 15 Ohio St.3d 239, 259, 15 OBR 379, 396, 473 N.E.2d 768, 787.

A ruling on a motion in limine reflects the court’s anticipated treatment of an evidentiary issue at trial and, as such, is a tentative, interlocutory, precautionary ruling. Thus, “the trial court is at liberty to change its ruling on the disputed evidence in its actual context at trial. Finality does not attach when the motion is granted.” Defiance v. Kretz (1991), 60 Ohio St.3d 1, 4, 573 N.E.2d 32, 35, citing State v. Grubb (1986), 28 Ohio St.3d 199, 201-202, 28 OBR 285, 288, 503 N.E.2d 142, 145.

Confusion and inaccuracy may arise, however, because a motion in limine may be used in two ways. It may be used as a preliminary means of raising objections to evidentiary issues to prevent prejudicial questions and statements until the admissibility of the questionable evidence can be determined outside the presence of the jury. It may also be used as the functional equivalent of a motion to suppress evidence that is either not competent or improper due to some unusual circumstance not rising to the level of a constitutional violation. Palmer, Ohio Rules of Evidence, Rules Manual (1984) 446, cited in State v. Maurer, supra, 15 Ohio St.3d at 259, 15 OBR at 396-397, 473 N.E.2d at 787, fn. 14.

It is true that a subtle distinction exists between the exclusionary rule, which is relied upon when evidence is improperly seized, and the Rules of Evidence, which generally apply to procedural questions concerning the admissibility of evidence at trial. Moreover, challenges to the admissibility of chemical test results on the basis of noncompliance with Department of Health testing regulations do not present a question of constitutional magnitude. However, “[t]he traditional distinction between a motion to suppress based upon a constitutional challenge and' a motion in limine does not work as a bright-line rule where the motion to suppress is directed to breathalyzer test results based on a failure to comply with ODH regulations.” Defiance v. Kretz, supra, 60 Ohio St.3d at 4, 573 N.E.2d at 35.

In holding at the syllabus that “[a] motion to suppress is a proper pretrial procedure for challenging breathalyzer test results when the defendant is charged with a violation of R.C. 4511.19(A)(3),” the Kretz court noted that the intent of the Rules of Criminal Procedure “is to determine matters before trial when possible.”[1] Id. at 4, 573 N.E.2d at 34. This policy “applies not only to constitutional issues but also to non-constitutional claims capable of determination[*451] without a trial on the general merits.” State v. Ulis (1992), 65 Ohio St.3d 83, 85, 600 N.E.2d 1040, 1041-1042.

It is well established that in a charge of violating R.C. 4511.19(A)(2) through (4) “[t]he accuracy of the test results is a critical issue in determining a defendant’s guilt or innocence.” Kretz, supra, 60 Ohio St.3d at 3, 573 N.E.2d at 34. Although the admissibility of test results turns on substantial compliance with ODH regulations rather than compliance with the Constitution, this court determined in Kretz and Ulis that a ruling on a motion to suppress challenging the admissibility of a BAC test is not a preliminary ruling on an evidentiary matter. Rather, pursuant to Crim.R. 12(B)(3), challenges to the state’s compliance with statutory and ODH regulations in a charge under R.C. 4511.19(A)(2) through (4) must be made in a pretrial motion to suppress, or such challenges are considered waived.

The reasoning behind this court’s decisions in Kretz and Ulis causes us to conclude that a challenge to the compliance with ODH regulations in a charge under R.C. 4511.19(A)(1) is no different. Although the test results, if probative, are merely an additional factor to be considered along with all other evidence of impaired driving in a prosecution for this offense, Newark v. Lucas (1988), 40 Ohio St.3d 100, 104, 532 N.E.2d 130, 134, the procedures used to obtain the test results are the same, as are the requirements for its admissibility.[2] Thus, in the context of R.C. 4511.19, a motion to suppress on grounds that the evidence was “illegally obtained” encompasses both constitutional and statutory violations. The policy of early determination applies equally, as does the mandatory language of Crim.R. 12(B)(3).

Therefore, because Crim.R. 12(B)(3) applies to all charges under R.C. 4511.19, a defendant charged under R.C. 4511.19(A)(1) through (4) who does not challenge the admissibility of the chemical test results through a pretrial motion to suppress waives the requirement on the state to lay a foundation for the admissibility of the test results at trial. The chemical test result is admissible at trial without the state’s demonstrating that the bodily substance was withdrawn within two hours of the time of the alleged violation, that the bodily substance[*452] was analyzed in accordance with methods approved by the Director of Health, and that the analysis was conducted by a qualified individual holding a permit issued by the Director of Health pursuant to R.C. 3701.143. (Defiance v. Kretz [1991], 60 Ohio St.3d 1, 573 N.E.2d 32, approved; Cincinnati v. Sand [1975], 43 Ohio St.2d 79, 72 O.O.2d 44, 330 N.E.2d 908, modified.) This does not mean, however, that the defendant may not challenge the chemical test results at trial under the Rules of Evidence. Evidentiary objections challenging the competency, admissibility, relevancy, authenticity, and credibility of the chemical test results may still be raised.

In the case before us, French was charged under R.C. 4511.19(A)(1). A review of the record shows that French failed to make a motion to suppress the test results pursuant Crim.R. 12(B)(3). Therefore, French waived the state’s burden to lay a foundation establishing substantial compliance with statutory and Department of Health regulations.

The second issue is whether, in a charge under R.C. 4511.19(A)(1), expert testimony is required to explain the significance of a legally obtained breathalyzer test result that is below the per se level. We hold that it is.

This court has previously held that when introducing the results of a legally obtained breathalyzer test into evidence in prosecutions under R.C. 4511.19(A)(1), the state must present expert testimony “to relate the numerical figure representing a percentage of alcohol by weight in the bodily substance, as shown by the results of the chemical test, to the common understanding of what it is to be under the influence of alcohol.” Newark v. Lucas, supra, 40 Ohio St.3d at 105, 532 N.E.2d at 134, citing State v. Myers (1971), 26 Ohio St.2d 190, 198, 55 O.O.2d 447, 452, 271 N.E.2d 245, 251.

As discussed supra, in a charge under R.C. 4511.19(A)(1), the chemical test result is not dispositive of guilt, but merely constitutes some evidence to consider, if probative, in addition to all other evidence regarding the conduct of the defendant. Clearly, without expert testimony, prejudice could result from a jury giving too much weight to the test result itself rather than focusing on the critical issue of the defendant’s conduct.

In the instant case, the prosecution failed to introduce expert testimony to explain the significance of French’s BAC test result. In view of the contradictory testimony in the record, we conclude that the trial court committed reversible error by allowing the actual numerical figure of the BAC test to be introduced into evidence in the absence of expert testimony explaining the significance of the figure.

Accordingly, we affirm the judgment of the court of appeals and remand this cause to the trial court for further proceedings consistent with this opinion.

Judgment affirmed.

[*453] Douglas, Wright, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Resnick, J., concurs in judgment only.
1

Crim.R. 1(B) provides that “[t]hese rules are intended to provide for the just determination of every criminal proceeding. They shall be construed and applied to secure the fair, impartial, speedy, and sure administration of justice, simplicity in procedure, and the elimination of unjustifiable expense and delay.”

2

R.C. 4511.19(D) provides:

“In any criminal prosecution for a violation of this section, * * * the court may admit evidence on the concentration of alcohol, drugs of abuse, or alcohol and drugs of abuse in the defendant’s blood, breath, urine, or other bodily substance at the time of the alleged violation as shown by chemical analysis of the defendant’s blood, urine, breath, or other bodily substance withdrawn within two hours of the time of the alleged violation.
M * * *
“Such bodily substances shall be analyzed in accordance with methods approved by the director of health by an individual possessing a valid permit issued by the director of health pursuant to section 3701.143 of the Revised Code.”