2008-Ohio-3369
No. 2008-0858.Supreme Court of Ohio.
July 9, 2008.
Mahoning App. No. 07 MA 71, 2008-Ohio-1672.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 2 of the court of appeals’ Journal Entry filed April 29, 2008:
“Whether the results of a portable breath test are admissible to establish probable cause to arrest a suspect for a drunk driving offense.”
LANZINGER, J., dissents.
The conflict case is State v. Gwither, Pickaway App. No. 04CA25, 2005-Ohio-3492.
Sua sponte, cause consolidated with 2008-0853, State v. Derov, Mahoning App. No. 07 MA 71, 2008-Ohio-1672.