Civil Appeal from the Canton Municipal Court, Case No. 2012TRC8231.
For Plaintiff-Appellee JOSEPH MARTUCCIO CANTON LAW DIRECTOR TYRONE D. HAURITZ CANTON CITY PROSECUTOR TASHA FORCHIONE ASSISTANT CITY PROSECUTOR.
For Defendant-Appellant MICHAEL A. BOSKE.
Hon. Sheila G. Farmer, P. J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.
(¶1} Appellant Aden Troyer appeals the decision of the Canton Municipal Court denying his motion to suppress.
(¶2} Appellee is the State of Ohio.
STATEMENT OF THE FACTS AND CASE
(¶3} On December 23, 2012, Appellant Aden Troyer was stopped for making an improper lane change. Canton Police subsequently took Appellant to Aultman Hospital in order to obtain a blood sample. (Supp. T. at 15). As a result of the blood alcohol test, Appellant was charged with OVI.
(¶4} On February 1, 2013, Appellant filed a Motion to Suppress the results of the blood alcohol test.
(¶5} On February 4, 2013, the State of Ohio filed an Objection to Appellant's Motion to Suppress.
(¶6} On February 11, 2013, the trial court overruled the State's objection and a hearing was held on Appellant's Motion.
(¶7} The following testimony and evidence was presented at the suppression hearing:
(¶8} The blood sample was taken at 2:50 a.m. by a "tech'' using a kit prepared by the Stark County Crime Lab. (Supp. T. at 24, 26, 42). The sample was placed in an envelope, marked with a bio-hazard sticker. (Supp. T. at 22). The sample was then taken to the Canton Police Department by Officer Scott Jones and placed in ...