State v. Castle

2012 Ohio 1937, 967 N.E.2d 292, 168 Ohio Misc. 2d 6
CourtFranklin County Municipal Court
DecidedApril 24, 2012
DocketNo. 2011 TRC 145779
StatusPublished

This text of 2012 Ohio 1937 (State v. Castle) is published on Counsel Stack Legal Research, covering Franklin County Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Castle, 2012 Ohio 1937, 967 N.E.2d 292, 168 Ohio Misc. 2d 6 (Ohio Super. Ct. 2012).

Opinion

BRANDT, Judge.

{¶ 1} This matter is before the court for decision on a limited legal question raised as part of defendant’s motion to suppress, which was filed on his behalf by his counsel of record. For the reasons set forth herein, defendant’s argument is found well taken, and the motion is granted in part.

{¶ 2} On July 3, 2011, defendant, Floyd T. Castle, was arrested and charged with multiple offenses, including operating a motor vehicle while under the influence of alcohol (“OVI”) under both R.C. 4511.19(A)(1)(a) and (d). Trooper Rustun K. Schack administered a chemical breath test using the BAC Datamas-ter. At the time he administered the test, Trooper Schack had been issued both a senior-operator permit to administer breath tests on the BAC Datamaster and an operator-access card to administer breath tests on the Intoxilyzer 8000.

{¶ 3} Defendant filed his motion to suppress on August 12, 2011. The state filed a memorandum contra on September 30, 2011, and a supplemental memorandum contra on February 24, 2012. The limited question before the court at this time is whether the issuance of an operator-access card under Ohio Adm. Code 3701-53-09(D) prohibits the operator from thereafter performing chemical breath tests on any chemical-breath-testing instrument for which the operator has also been issued either an operator or senior-operator permit under Ohio Adm.Code 3701-53-09(B). The parties have filed their briefs and stipulations of fact on the identified legal question, and this matter is decisional.

{¶ 4} Ohio Adm.Code 3701-53-09(D) states:

Individuals desiring to function as operators using instruments listed under paragraph (A)(3) of rule 3701-53-02 of the Administrative Code shall apply to the director of health for operator access cards on forms prescribed and provided by the director of health. The director of health shall issue operator access cards to perform tests to determine the amount of alcohol in a person’s breath to individuals who qualify under the applicable provisions of rule 3701-53-07 of the Administrative Code. Individuals holding operator access cards [8]*8issued under this rule shall use only those evidential breath testing instruments for which they have been issued an operator access card.

{¶ 5} Defendant focuses on the last sentence of the regulation to argue that once an individual obtains an operator-access card, that individual is precluded from operating any other breath-testing instrument, including those for which the individual may hold a permit under Ohio Adm.Code 3701-53-09(B). Defendant claims that the language of the regulation is plain and unambiguous and concludes that the court must apply the language and suppress the results obtained from the BAC Datamaster.

{¶ 6} In response, the state contends that the entire regulation must be read to give effect to the legislative intent. By reading all of Ohio Adm.Code 3701-53-09 in pari materia, the state argues that Trooper Schack was authorized to administer chemical breath tests using either the Intoxilyzer 8000 or the BAC Datamas-ter. The state primarily relies on State v. Hudepohl, 166 Ohio Misc.2d 1, 2011-Ohio-6917, 961 N.E.2d 276 (M.C.), in which the court considered the same issue and determined that the defendant’s interpretation led to absurd results.

{¶ 7} Administrative regulations are reviewed in the same manner as statutes. State v. Reedy, 10th Dist. No. 05AP-501, 2006-Ohio-1212, 2006 WL 648861, ¶ 10. Legislative intent is the “cornerstone of statutory construction and interpretation.” State v. Jordan, 89 Ohio St.3d 488, 491-492, 733 N.E.2d 601 (2000), citing State ex rel. Francis v. Sours, 143 Ohio St. 120, 124, 53 N.E.2d 1021 (1944). To determine legislative intent, a court must first review the statutory language and determine if it is ambiguous. Id. at 492, 733 N.E.2d 601, citing Provident Bank v. Wood, 36 Ohio St.2d 101, 105, 304 N.E.2d 378 (1973). In reviewing the statute, a court must give effect to the words used and may not delete words used or add words not used. Id., quoting Bernardini v. Conneaut Area City School Dist. Bd. of Edn., 58 Ohio St.2d 1, 4, 387 N.E.2d 1222 (1979), quoting Columbus-Suburban Coach Lines v. Pub. Util. Comm., 20 Ohio St.2d 125, 127, 254 N.E.2d 8 (1969).

{¶ 8} If the language of a statute is unambiguous, a court must apply it as written; however, if more than one reasonable interpretation of the language exists, then the statute is ambiguous and must be construed by the court. Id., citing State ex rel. Savarese v. Buckeye Local School Dist. Bd. of Edn., 74 Ohio St.3d 543, 545, 660 N.E.2d 463 (1996); State ex rel. Celebrezze v. Allen Cty. Bd. of Commrs., 32 Ohio St.3d 24, 27, 512 N.E.2d 332 (1987); State ex rel. Toledo Edison Co. v. Clyde, 76 Ohio St.3d 508, 513, 668 N.E.2d 498 (1996). If a statute is found to be ambiguous, a court should consider the factors in R.C. 1.49 to determine legislative intent. Id. The doctrine of pari materia may be applied when statutory language is found to be ambiguous. See State v. Robinson, 124 [9]*9Ohio St.3d 76, 2009-Ohio-5937, 919 N.E.2d 190, ¶ 31; State v. Coburn, 121 Ohio St.3d 310, 2009-Ohio-834, 903 N.E.2d 1204.

{¶ 9} Trooper Schack had been issued an operator-access card for the Intoxilyzer 8000 on May 5, 2010. The court has reviewed the language of Ohio Adm.Code 3701-53-09(D) and concludes that the regulation means what it says— an individual who has been issued an operator-access card shall not use any other type of evidential breath-testing instrument. When a statute (or regulation) is found to be unambiguous, courts may not utilize the doctrine of in pari materia. See Robinson at ¶ 31; Coburn at ¶ 13. For this reason alone, the chemical-breath-test results should be suppressed.

{¶ 10} However, even if the court would apply the doctrine of in pari materia and construe each subsection of Ohio Adm.Code 3701-53-09 together, the court concludes that it would reach the same result — the language is plain and unambiguous. Ohio Adm.Code 3701-53-09(A) applies to laboratory directors and technicians. Ohio Adm.Code 3701-53-09(B) sets forth the procedure for obtaining an operator permit or a senior operator permit and states:

Individuals desiring to function as senior operators or operators using instruments listed under paragraphs (A)(1), (A)(2), and (B) of rule 3701-53-02 of the Administrative Code shall apply to the director of health for permits on forms prescribed and provided by the director of health. A separate application shall be filed for each type of evidential breath testing instrument for which the permit is sought.

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Related

State v. Robinson
2009 Ohio 5937 (Ohio Supreme Court, 2009)
State v. Coburn
2009 Ohio 834 (Ohio Supreme Court, 2009)
State v. Reedy, Unpublished Decision (3-16-2006)
2006 Ohio 1212 (Ohio Court of Appeals, 2006)
State Ex Rel. Francis v. Sours
53 N.E.2d 1021 (Ohio Supreme Court, 1944)
Provident Bank v. Wood
304 N.E.2d 378 (Ohio Supreme Court, 1973)
Bernardini v. Board of Education
387 N.E.2d 1222 (Ohio Supreme Court, 1979)
State v. Cleary
490 N.E.2d 574 (Ohio Supreme Court, 1986)
State ex rel. Celebrezze v. Board of County Commissioners
512 N.E.2d 332 (Ohio Supreme Court, 1987)
City of Defiance v. Kretz
573 N.E.2d 32 (Ohio Supreme Court, 1991)
State ex rel. Toledo Edison Co. v. City of Clyde
668 N.E.2d 498 (Ohio Supreme Court, 1996)
State v. Jordan
733 N.E.2d 601 (Ohio Supreme Court, 2000)
State v. Foster
845 N.E.2d 470 (Ohio Supreme Court, 2006)
State v. Hudepohl
2011 Ohio 6917 (Athens County Municipal Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2012 Ohio 1937, 967 N.E.2d 292, 168 Ohio Misc. 2d 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-castle-ohmunictfrankli-2012.