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State v. Collins
Citations: 498 N.E.2d 1379; 26 Ohio App. 3d 204; 26 Ohio B. 426; 1985 Ohio App. LEXIS 10266Docket: No. 15-84-4
Court: Ohio Court of Appeals; May 14, 1985; Ohio; State Appellate Court
An appeal was filed by David L. Collins against a conviction for driving under the influence (DUI) in violation of R.C. 4511.19(A)(1) by the Van Wert County Municipal Court. Collins challenged the trial court's decision to exclude the results of an intoxilyzer test. The record includes only the examination of a highway patrol officer and the proceedings related to the motion to exclude the test results. Notably, no motion to suppress the test results was filed before the trial. The court emphasized that objections to the admissibility of intoxilyzer test results must be raised via a pre-trial motion to suppress; failing to do so waives the right to contest admissibility. Consequently, the court found Collins's assignment of error without merit and affirmed the trial court's judgment. Judges Guernsey and Miller concurred with the decision.