On April 12, 2011, the Franklin County Municipal Court, Judge Barrows, issued a ruling on a suppression hearing that was held thirteen days earlier.
At issue during the suppression hearing was whether or not the senior operator of the breathalyzer had the proper credentialing to operate the breathalyzer. Pursuant to Ohio law, operators must be properly licensed and complete annual education requirements in order to operate the breathalyzer.
In this instance, defense counsel successfully raised factual issues with the officer’s credentialing. The result, the results of the breath test were thrown out.