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twenty minute obersvation period Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "twenty minute obersvation period"

Oral Intake and the Twenty-Minute Rule

THE LAW RELATING TO “ORAL INTAKE” AND THE “TWENTY-MINUTE OBSERVATION PERIOD.When applying the science to the law, the Court can look to recent law as set forth below which would grant the court the power to invalidate the test.  However, the State’s best argument is to avoid application of the science by the court and have the issue go before a jury.SUBSTANTIAL COMPLIANCE IS NOT MET WHEN THE DEFENDANT TAKES A TEST WITH A FOREIGN OBJECT IN HIS MOUTH.In State v. Baldridge 2001-Ohio-7029, 2001 WL 1673756 (Ohio Ct. App. 5th Dist....

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