State v. McLeod
2012 Ohio 1797
Ohio Ct. App.2012Background
- Trooper stopped McLeod at ~1:20 a.m. on South Main St., arrested for OVI after breath test; test result .120 at 1:51 a.m.
- McLeod placed in back of cruiser; left unattended briefly while trooper spoke with passenger, then transported to Knox County Sheriff’s Office.
- McLeod allegedly placed a penny in his mouth during the 20-minute observation period prior to testing; penny allegedly remained until at the station.
- Trial court denied the suppression motion; held penny would not affect test results; McLeod pled no contest to one count and the other was dismissed.
- Appellant challenged the breath-test results under multiple provisions, arguing lack of strict compliance with Ohio Department of Health regulations.
- Appellate court sustained the sole assignment of error, vacated McLeod’s conviction, and remanded for proceedings consistent with the opinion; dissent by Farmer, J.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether penny in mouth during observation taints breath-test results | McLeod; presence of penny could affect results | State; substantial compliance suffices absent prejudice | Breath-test results suppressed; error found as to compliance. |
Key Cases Cited
- State v. Steele, 52 Ohio St.2d 187 (Ohio Supreme Court 1977) (twenty-minute observational period to ensure deep-lung breath)
- State v. Burnside, 100 Ohio St.3d 152 (Ohio Supreme Court 2003) (substantial compliance standard governs admissibility absent prejudice)
- State v. Raleigh, 2007-Ohio-5515 (Ohio App. 5th Dist. 2007) (ODH regulations and observation period interpretation)