City of Cleveland v. Glover

Summary

The Ohio Eighth District Court of Appeals affirmed the denial of Teasia Glover’s motion to suppress Intoxilyzer 8000 breath-test results. The court held that the City of Cleveland demonstrated substantial compliance with Ohio administrative regulations because the dry-gas certificate of analysis stated that the standards were traceable to the National Institute of Standards and Technology, and Glover failed to rebut the resulting presumption of admissibility.

Holdings

1. The City established substantial compliance with Ohio Adm.Code 3701-53-05 by introducing the dry-gas supplier's certificate of analysis stating that the standards used were capable of producing results traceable to NIST. The Intoxilyzer 8000 breath-test results were therefore presumed admissible.
2. Glover did not rebut the presumption of admissibility merely by pointing to the officer's inability to answer questions about the certificate, batch numbers, dry-gas origin, chain of custody, or the basis for NIST traceability.

Questions Presented

1. Whether the City established substantial compliance with R.C. 4511.19(D) and Ohio Adm.Code 3701-53 when it introduced a dry-gas supplier's certificate stating that the standards were traceable to NIST.
2. Whether the testimony of the testing officer's lack of knowledge concerning the certificate, batch identification, dry-gas origin, chain of custody, and NIST traceability rebutted the presumption that the breath-test results were admissible.

Disposition

affirmed