State v. Neice
2013 Ohio 542
Ohio Ct. App.2013Background
- State appeals Portage County Municipal Court's suppression of breath-test results from an Intoxilyzer 8000.
- Neice challenged the device's reliability; the state argued general reliability evidence was unnecessary due to Director of Health approvals.
- Trial court adopted Carter-based reasoning, requiring proof of general reliability before admitting breath-test results.
- The court suppressed the breath-test results and remanded for trial on the remaining charges.
- On appeal, the court held Neice may challenge the general reliability of the Intoxilyzer 8000 on remand.
- The device is an approved breath-testing instrument; the issue centers on whether reliability must be proven before admission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether general reliability evidence is required | Neice | Neice | Court reversed; no general reliability proof required upfront |
| Whether Vega governs admissibility discretion | State | Neice | Vega not controlling; trial court may require reliability evidence as gatekeeper |
Key Cases Cited
- State v. Carter, 2012-Ohio-5583 (11th Dist. No. 2012-P-0027, 2012-Ohio-5583) (approved device means defendant may challenge general reliability on remand)
- State v. Vega, 12 Ohio St.3d 185 (Supreme Court of Ohio 1984) (threshold admissibility; attack on intoxilyzers in general not required in all contexts)
- State v. Beechler, 2d Dist. No. 09-CA-54, 2010-Ohio-1900 (Ohio Appellate District 2d Dept. 2010) (abuse of discretion in evidentiary rulings; gatekeeping powers)