Ohio OVI Law: State v. Shuck

State v. Shuck, 2010-Ohio-2058, 09CA12 (OHCA4)

Defendant-Appellant, Joshua M. , appeals the decision of the Marietta Municipal Court denying his motion to suppress the results of his breath alcohol concentration (“BAC”) test.  The ultimate issue in his appeal is the difference between a motion to suppress and a motion in limine.  The court ruled, “The determination of whether a motion is a ‘motion to suppress’ or a ‘motion in limine’ does not depend on what it is labeled. It depends on the type of relief it seeks to obtain.” State v. Massie, 2nd Dist. No. 2007 CA 24, 2008-Ohio-1312, at ¶10, quoting State v. Davidson (1985), 17 Ohio.St.3d 132, 135, 477 N.E.2d 1141.