Judges Rule Breath Test Not Suppressed When Machine Properly Maintained

JESSICA SHAMBAUGH | Ohio Tavern News Writer
Published: 03/19/2013

COLUMBUS — A Franklin County appellate panel recently held that the results of an alcohol breath test should not be suppressed when the machine used to conduct that test has been properly tested and maintained.

The 10th District Court of Appeals rejected Michael Schaaf’s claim that the results of his breath test should be suppressed because the officer in charge of testing the machine he used had not properly completed a maintenance checklist. The three-judge appellate panel found that the checklist was correctly completed and the results were properly admitted as evidence.