State v. Dial, 998 N.E.2d 821

Dial was stopped for a traffic violation after a wide right turn and near-center drift; officer smelled alcohol and Dial admitted drinking two beers; field sobriety tests suggested intoxication; Dial was arrested and subjected to a breath test showing .215 BAC; she moved to suppress the breath-test evidence; the trial court denied suppression and Dial pleaded no contest resulting in OVI convictions and a four-year license suspension.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Confrontation Clause issue with the Statement	Dial contends the Statement is testimonial and should have been cross-examined.	Dial argues the Statement was testimonial and its admission violated Confrontation Clause rights.	The Statement was not testimonial; admission did not violate Confrontation Clause.

State v. Wolfle, 2011-Ohio-5081 (Ohio 2011) (non-testimonial pre-test calibration/instrument check reports)
Melendez-Diaz v. Massachusetts, 557 U.S. 305 (Supreme Court 2009) (investigative-maintenance documents may be non-testimonial)
Bullcoming v. New Mexico, 131 S. Ct. 2705 (Supreme Court 2011) (forensic certificate challenged when not produced at trial; testimonial if prepared for prosecution)
State v. Cook, 2005-Ohio-1550 (Ohio 2005) (records custodian affadavits foundation; non-testimonial records)
State v. Diggle, 2012-Ohio-1583 (Ohio 2012) (confrontation analysis framework for testimonial vs non-testimonial)
State v. Guiterrez, 2011-Ohio-3126 (Ohio 2011) (Confrontation Clause de novo review)