The Issue of Substantial Compliance and Generic Motions

In the State of Ohio, a basis must shown for the introduction of certain types of evidence. For example, in order for field sobriety tests to be admitted, the state must show its police officer “substantially complied” with printed standards for the administration of such tests. Most courts required the standards required by the National Highway Traffic Safety Administration (NHTSA).

The same standard is required when introducing the results of a chemical test such as a breathalyzer. The state must show that its substantially complied with the requirements of the Ohio Administrative Code (OAC) in the maintenance and repair of the police department’s breath alcohol testing machine before the results are admissible or that the OAC standards were met when taking a blood or urine sample.

BUT, in order to require the state to produce such evidence, the defendant, through their attorney, must file an appropriate motion with the court challenging the introduction of such evidence. If you will recall my last blog, I discussed an attorney’s duty to review the records of the arresting police department to determine if that department substantially complied with the NHTSA standards or the OAC. If some anomaly is found, the attorney should file a motion presenting these issues to the court for possible suppression.

NOW, what type of motion should be filed? Some attorneys file what are characterized as “generic” motions that set forth every conceivable issue set forth in the OAC or the NHTSA manual without setting forth any specific facts. This is sometimes called the “dart board” approach. Throw a dart at the board and hope that one hits the bulls eye.

This is a dangerous approach because it lessens the burden on the prosecutor to show substantial compliance. Such motions only require the prosecutor to introduce general testimony of substantial compliance, see State v. Nicholson. Most courts in Ohio have long stood by the rule that any motion to suppress must set forth, with specificity, the facts for which the defendant seeks suppression. Some courts will sustain a prosecutor’s motion to strike (throw out) any motion that is not specific.

So, when you speak with an attorney, be sure they fully investigate the police department’s compliance with all standards required and they set forth, with specificity, all facts that will support any suppression motion.