Ohio DUI Law: State v. Bruce (Destruction of Evidence)

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State v. Bruce (2008), 2008-Ohio-5514, is the Second District’s latest “destruction of evidence” ruling.  Here, the court granted a motion to provide the blood sample to the Defendant’s expert.  The lab was not copied on this order.  The 2nd District held that the State did show substantial compliance with the Ohio Administrative Code and the fact that the lab destroyed the blood after the Court granted an Order to provide a specimen of blood to defendant’s expert. The court found that there was no bad faith in the destruction of the evidence because the lab destroyed it more than 1 yr. after the date of collection, and more than 2 mos had passed since the order was granted before the defendant’s expert tried to get the blood. Defendant’s attorney never notified the lab directly, although the prosecutor had been served.