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Court rules to suppress officer’s Breathalyzer test results

Updated: Monday, August 25 2014, 05:35 PM EDT

WTOV9.com
TORONTO, Ohio - A Jefferson County Court has ruled to suppress the results of a Breathalyzer test administered to Wintersville Police Officer Shawn Gegick on the morning of March 9 because of instrument failure.
The test was administered to Gegick after he led a state highway patrolman on a high-speed chase in a Utility Task Vehicle -- one that ended with Gegick wrecking the vehicle.
When tested, Gegick's blood alcohol level was above the legal limit, but it was later discovered the machine wasn't working properly. According to the report, the court found the State Patrol did all testing procedures correctly, and it's not a case of human error but that of machine malfunction.
It further stated: The court must conclude that although the instrument check performed prior to the defendant's breath test demonstrated that the BAC Datamster was in proper order, the lone instrument check was malfunctioning. A second test with a different solution was performed, and again, the tolerance level was outside the permissible amount.
Therefore, the court was left with no choice but to conclude the machine was not operating correctly. This conclusion was further supported by the fact that the machine was immediately sent for repair and was replaced.
As a result, Gegick's results have been suppressed and his motion to suppress has been granted.
NEWS9 has reached out to special prosecutor Dan Padden and defense attorney Jim Abrams about this decision and has yet to hear back.
Gegick was also charged with failure to control.
We'll continue following this story and bring you any new developments.
You can also watch the raw uncut dashcam video here: http://bit.ly/1wtfZJH

Court rules to suppress officer’s Breathalyzer test results


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