Urine Test Excluded; State Failed to Show Substantial Compliance

State v. Hoder, 4/6/2009, 2009-Ohio-1647, 9th District Court of Appeals
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The Defendant in this case was arrested for drunk driving and submitted to a urine test.  The test was properly marked and placed in the property refrigerator.  Two days later the urine test was removed and placed in a bag to be sent to the lab.  It arrived at the lab two days later.  The Defendant filed a motion to suppress and the court overruled his motion.  Upon appeal the 9th District REVERSED finding that the State had failed to establish substantial compliance based on the testimony at the motion.