OVI Essentials. Reference Manual Volume No. 15-W049

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1 OVI Essentials Reference Manual Volume No. 15-W049 Ohio State Bar Association Continuing Legal Education is a division of the Ohio State Bar Association.

2 Ohio State Bar Association CLE is a division of the Ohio State Bar Association. CLE speakers are volunteers serving the legal profession in its highest and best tradition and as recommended by the Ohio Rules of Professional Conduct. CLE supports gender neutral language. Unless used to illustrate a specific case, all references to gender should be understood to refer, without bias, to male and female. Books and seminar materials are published as part of the Ohio State Bar Association s educational services. Authors are given the opportunity to express their individual interpretations and opinions. These do not reflect in any way a position of CLE, the Ohio State Bar Association or its governing board. Chapters written by employees of state or federal agencies are not necessarily statements of governmental policies by Ohio State Bar Association CLE. All Rights Reserved. Ohio State Bar Association CLE publications, oral presentations, video, audio and electronic media programs are provided with the understanding that the Ohio State Bar Association and OSBA CLE do not render any legal, accounting, or other professional advice or service. Attorneys using OSBA CLE publications or orally, visually or electronically conveyed information in dealing with a specific client s or their own legal matters should also research original sources of authority. The CLE office is located at 1700 Lake Shore Drive, Columbus, Ohio Mail may be addressed to: P.O. Box Columbus, Ohio CLE telephone numbers are:

3 OHIO STATE BAR ASSOCIATION CONTINUING LEGAL EDUCATION The Ohio State Bar Association Mission Statement Our Core Purpose To advance the professional interests of members of the Ohio State Bar Association. Our Core Values Member satisfaction, professionalism, foresight, and quality services and products. Our Goal To make membership in the Ohio State Bar Association indispensable to Ohio Lawyers. THE CLE STAFF Fran Wellington Director Todd Burch CLE Program Manager Kerschie Byerly Senior CLE Publications Editor Deanna Freeman Administrative Assistant Jennifer Harrell Senior CLE Program Manager Jim Hogan Printing Manager Betsy Metzger Administrative Assistant Lynda Morris CLE Program Coordinator Jeff Ross Printer Judy Ann Schiewer CLE Registrar Mark Springer Studio Manager

4 OVI Essentials Vol. # 15-W CLE CREDIT HOUR; 1.0 NLT HOUR Thursday, May 07, 2015 at 1:00pm Featuring: D. Timothy Huey; Attorney at Law; Columbus Cleve M. Johnson; Attorney at Law; Columbus This presentation is a live webcast. If you have a question for the speaker during the presentation, please feel free to submit your inquiry to with OVI Essentials in the subject line or call , and let the operator know that you have a question for the seminar speaker. The Supreme Court Commission on CLE has requested that we advise you that this webcast seminar is considered self-study. Under current regulations you are allowed to earn up to 6 of your 24 required CLE credits through self-study. In order to receive CLE credit for this webcast, you must view the entire program. No partial credit can be given. As you watch today s webcast at your computer, you should be looking for four unique Attendance Verification code letters. Each part of the code consists of a single letter that will appear on your screen periodically during the program. These four letters form a four-part code that documents your participation in this CLE program. When the course ends, go back to your self-study CLE account, from where you launched the webcast. Click on the tab marked Certificate and enter the four code letters in the order you received them. If the code is correct, the participation code requirement will display complete. You will also need to complete the course evaluation. Once these two requirements are met, you will be able to access a Certificate of Completion documenting your attendance and CLE credit hours. CLE regulations require that we submit requests for credit within 30 days of the date of the seminar or be assessed a late fee. If you do not enter the attendance verification codes or complete the evaluation, then we will not be able to report your credit.

5 Featured Speaker D. Timothy Huey Attorney at Law Columbus, Ohio Mr. Huey s professional memberships include the Ohio State Bar Association, Ohio Association of Criminal Defense Lawyers (Life Member; President-Elect; DUI Chair), and National College of DUI Defense (Ohio Delegate; Sustaining Member). He has been in private practice defending DUI clients since 1984, and limits his practice almost exclusively to defending citizens against DUI and vehicular homicide allegations. Mr. Huey was the first Ohio lawyer to obtain both the DataMaster and Intoxilyzer breath testing devices and one of the first Ohio lawyers to receive training in the NHTSA Standardized Field Sobriety Test protocol. He is a frequent speaker at OSBA CLE DUI/traffic seminars. Outside of Ohio, Mr. Huey has been a lecturer and mock trial participant for the National College for DUI Defense education at the Masters of Scientific Evidence seminar and a breakout session leader at NCDD Summer Sessions held at Harvard University. He has given presentations at DUI seminars in Oklahoma, Georgia, Texas, Wyoming, Florida and Arkansas. For additional information, please visit Cleve M. Johnson Attorney at Law Columbus, Ohio Mr. Johnson received his BA from The Ohio State University and his JD from Capital University Law School. His professional memberships include the National College for DUI Defense, Ohio Association of Criminal Defense Lawyers, Ohio State Bar Association (Chair, Traffic Law Committee), Columbus Bar Association, Central Ohio Association of Criminal Defense Lawyers, Governor s Task Force on Impaired Driving, and Ohio Criminal Sentencing Commission (Traffic Subcommittee). Mr. Johnson has been a criminal defense attorney since 1979 and is a frequent contributor to legal education seminars on topics relating to OVI and traffic law. He frequently testifies before committees of Ohio legislature and is certified to operate, calibrate, and perform diagnostic verification on a DataMaster breath-testing machine. For additional information, please visit

6 OVI Essentials 1 Cleve M. Johnson Attorney at Law Columbus, Ohio

7 State of Ohio IN THE MUNICIPAL COURT FOR MOUNT VERNON, OHIO, CRIMINAL DIVISION -vs.- Plaintiff Case no.: 09TRC00480A-D Ronald M. Hall Defendant ENTRY OF APPEARANCE, APPEAL OF ADMINISTRATIVE LICENSE SUSPENSION, PETITION FOR DRIVING PRIVILEGES, ENTRY OF PLEA, WAIVER OF SPEEDY TRIAL, DEMAND FOR TRIAL BY JURY, AND REQUEST FOR ALS AND PRE-TRIAL HEARINGS The undersigned hereby enters his appearance as attorney of record for the defendant in the above captioned case. The defendant hereby appeals his administrative license suspension and asks that the case be set for a hearing on the administrative license suspension. In the alternative, defendant hereby petitions for limited driving privileges in the event that the administrative license suspension is not terminated. The defendant further demands a jury trial and certifies the following: The defendant waives the reading of the complaint. The defendant pleads not guilty. The defendant waives his right to have his case be tried within the statutory time limits and requests the court to notify counsel as to when the case will be CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) set for a pre-trial hearing. Cleve M. Johnson JOH 28/ Attorney for Defendant 495 South High Street, Suite 400 Columbus, Ohio

8 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing document was served upon William D. Smith, Prosecuting Attorney, 5. N. Gay St,, Mt. Vernon, Ohio 43050, by facsimile transmission, on (service date). Cleve M. Johnson JOH 28/ Attorney for Defendant 495 South High Street, Suite 400 Columbus, Ohio CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614)

9 IN THE MUNICIPAL COURT FOR FRANKLIN COUNTY, OHIO, City of Columbus CRIMINAL DIVISION -vs.- Plaintiff Case no: JUDGE (UNASSIGNED) «FIRST_MID» «LAST» Defendant APPEAL OF ADMINISTRATIVE LICENSE SUSPENSION AND PETITION FOR LIMITED DRIVING PRIVILEGES The defendant/petitioner hereby appeals his administrative license suspension and petitions for limited driving privileges. Cleve M. Johnson JOH 28/ Attorney for Defendant 495 South High Street, Suite 400 Columbus, Ohio CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing document was served on upon Steven L. McIntosh, Columbus City Prosecutor, attorney for plaintiff, 375 South CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) High Street, Columbus, Ohio 43215, on February 12, 2004 by delivery. Cleve M. Johnson JOH 28/ Attorney for Defendant 495 South High Street, Suite 400 Columbus, Ohio

10 DISCOVERY BREATH State of Ohio IN THE MUNICIPAL COURT FOR FRANKLIN COUNTY, OHIO, CRIMINAL DIVISION -vs.- Plaintiff XXXXXXXXXXXX Case no.: 2012 TR C XXXXXX JUDGE (UNASSIGNED) Defendant DEMAND FOR DISCOVERY, REQUEST FOR NOTICE OF INTENT TO USE EVIDENCE, AND DEMAND FOR TESTIMONY LABORATORY ANALYIST Now comes the defendant, through counsel, and hereby requests that the prosecuting attorney forthwith provide all discovery to which the defense is entitled under the laws of Ohio, the Ohio and Federal Constitutions, the Ohio Rules of Criminal Procedure, the Ohio Traffic Rules and the case of Brady vs. Maryland. Defendant also asks that all material be made available for copying. By way of example, defendant requests discovery in the following particulars (this request should in no way be interpreted as being limited only to said particulars): CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) Any written or recorded statement by the defendant or a codefendant, including police summaries of such statements, and including grand jury testimony by either the defendant or codefendant. 2. Criminal and traffic records of the defendant, a co-defendant, and the record of prior convictions that could be admissible under Rule 609 of the Ohio Rules of Evidence of a witness in the state s case-inchief, or that it reasonably anticipates calling as a witness in rebuttal 3. All laboratory or hospital reports, books, papers, documents, photographs, recordings, tangible objects, buildings, or places.

11 a. The manufacturer's operating manual for any machine or device used to test or otherwise evaluate a sample of the defendant's blood, breath or urine to determine alcohol content; b. The manufacturer's service manual for any machine or device used to test or otherwise evaluate a sample of the defendant's blood, breath or urine to determine blood alcohol content; c. Any and all warranties and documentation of purchase date for any machine or device used to test or otherwise evaluate a sample of the defendant's blood, breath or urine to determine blood alcohol content; d. If the defendant submitted to a breath test, the calibration records for such machine or device preceding and following the date of the test performed on the defendant; and e. If the defendant submitted to a blood or urine test, the documents which reflect all blood or urine specimens by name, date and test result which were tested by the entity conducting the test on defendant's specimen. 4. Results of physical or mental examinations, experiments or scientific tests. 5. Any evidence favorable to the defendant and material to guilt or punishment. 6. All reports from peace officers, the Ohio State Highway Patrol, and federal law enforcement agents, including coordination or dexterity tests conducted of the defendant. 7. Any written or recorded statement by a witness in the state s casein-chief, or that it reasonably anticipates calling as a witness in rebuttal. 8. A written witness list, including names and addresses of any witness it intends to call in its case-in-chief, or reasonably anticipates calling in rebuttal or surrebuttal. CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) The written expert witness report required by Criminal Rule 16 summarizing the expert witness s testimony, findings, analysis, conclusions, or opinion, including a summary of the expert s qualifications. If a police officer will testify as an expert on any subject or offer an opinion on any subject based upon his training and/or experience the report regarding that testimony is also hereby expressly requested. 10. The results of chemical or scientific tests or experiments made in connection with this case, including: 2

12 a. Breath test results; b. Blood test results; c. Urine test results; and d. Any and all results of tests, experiments or evaluations of the machine, device or process used to obtain said breath, blood or urine test. 11. If a breath test was utilized, for the last calibration of the machine prior to the test of the defendant, discovery of the following information is requested: a. The name of the individual who prepared the calibration solution; b. The batch number of the calibration solution; c. The date the calibration solution was made; d. The percentage of known concentration of ethyl alcohol contained in the calibration solution; e. The date the calibration solution was received by the agency which conducted the breath test of the defendant; f. The date of the first use of the calibration solution; and g. The physical location of the calibration solution while it was in use. h. The certificate of analysis from Guth Labs or any other entity which provides alcohol calibration solutions to the Department of Health and which pertains to the batch and bottle used in this case. 12. With respect to the chemical or scientific test performed on the defendant's blood, breath or urine, for the year preceding the date of the test performed on the defendant, discovery of the following information is requested: CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) a. The dates of all maintenance performed on the machine or device used to conduct the test; b. The type of maintenance performed on the machine or device; and c. The name of the entity or person performing the maintenance. d. A complete copy of the repair log on any testing instrument used. 3

13 13. If analysis was performed on a sample of the defendant's blood or urine, discovery of the following information is requested: a. The name of the agency or authority which performed such test; b. The name and address of the person drawing the blood or collecting the urine; c. The training or qualifications of the person drawing blood; d. The date of the last evaluation of said agency or authority's laboratory by the appropriate certification authority; e. A copy of the last certification evaluation. f. If the defendant's blood was drawn by a hospital, copy of all protocols for drawing blood, all laboratory procedures or protocols of the testing laboratory for the collecting of samples, packaging, and shipment of blood or urine samples and g. Copies of all testing protocols and procedures for the laboratory analyzing defendant's sample. 14. The location of the blood, breath, or urine sample obtained from the defendant and subjected to testing by the government. 15. The location of the additional blood, breath or urine sample obtained from the defendant and preserved by the government so that the defendant could obtain independent analysis of the same. 16. The tapes of any calls to the radio room or dispatches from the radio room regarding or in any way relating to the defendant along with any records indicating the precise time that said tape was made. 17. If a breath test was conducted, the results of the RFI test regarding the machine and site where the defendant was tested. CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) Copies of the operator's and/or senior operator's permits for the testing and calibrating officers and the last date of completion of any in-service courses pursuant to the Ohio Administrative Code. 19. Any and all training manuals used by any prosecution witness, including, but not limited to National Highway Traffic Safety Administration manuals or other field sobriety testing manuals. 20. The most current versions of all training manuals as of the arrest date in this case whether or not such manuals were actually 4

14 used by any prosecution witness, including, but not limited to National Highway Traffic Safety Administration manuals or other field sobriety testing manuals. Defendant asks that all evidence be preserved and not destroyed while this case is pending including, but not limited to: A. Any and all video and audio recordings. B. If Defendant submitted to or a blood or urine sample was obtained for testing, defendant demands that the samples obtained from the defendant be retained to allow the defendant to obtain an independent test and that the defendant be notified prior to the destruction of the samples if the entire sample is to be used in testing by the state. C. If a blood or urine test kit was used to collect a sample from the defendant the defendant requests that the original box in which the testing kit was packed be preserved and made available for inspection by the defendant and that the state provide. 1) the name of the manufacturer of the kit, 2) the date of manufacture of the kit, 3) the expiration date of the kit, and 4) the specific contents of the kit. Pursuant to Criminal Rule 12(E) the defendant hereby requests notice of the prosecuting attorney's intention to use evidence in chief at trial, which evidence the defendant is entitled to discover under Criminal Rule 16. The defendant further demands live testimony of any and all laboratory analysts. The defendant specifically objects to the use of any report, affidavit, or other document in lieu of live testimony. CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) Cleve M. Johnson JOH 28/ Attorney for Defendant 495 South High Street, Suite 400 Columbus, Ohio

15 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing document was served upon Lara N. Baker, Columbus City Prosecutor, attorney for plaintiff, 375 South High Street, Columbus, Ohio 43215, by delivery, on February 14, Cleve M. Johnson JOH 28/ Attorney for Defendant 495 South High Street, Suite 400 Columbus, Ohio CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614)

16 State of Ohio IN THE MUNICIPAL COURT FOR FRANKLIN COUNTY, OHIO, CRIMINAL DIVISION Plaintiff -vs.- XXXXXXXXXXXX Defendant Case no.: 2011 TR C XXXXXX JUDGE (UNASSIGNED) ORDER DIRECTING PRODUCTION AND PRESERVATION OF VIDEO RECORDINGS The superintendent and all employees of the Ohio State Highway Patrol are hereby ordered to preserve and to allow counsel to review and/or copy as required by Criminal Rule 16, any and all video recordings of the defendant made by law enforcement in this case. Said colonel and employees are further ordered not to erase or destroy said recordings without written permission of the court. The Police Chief and all employees of the Columbus Police Department are hereby ordered to preserve and to allow counsel to review and/or copy as required by Criminal Rule 16, any and all video recordings of the defendant made by law enforcement in this case. Said chief and employees are further ordered not to erase or destroy said recordings without written permission of the court. The Sheriff of Franklin County, Ohio and all employees of that office are hereby ordered to preserve and to allow counsel to review and/or copy as required by Criminal Rule 16, any and all video recordings of the defendant made by law enforcement in this case. Said chief and employees are further ordered not to erase or destroy said recordings without written permission of the court. Arrest Date 1/13/11 Offense Time: 1:31 a.m. JUDGE

17 Approved: Cleve M. Johnson JOH 28/ Attorney for Defendant 495 South High Street, Suite 400 Columbus, Ohio Assistant City Attorney Attorney For Plaintiff 375 South High Street Columbus, Ohio (614)

18 State of Ohio IN THE MUNICIPAL COURT FOR FRANKLIN COUNTY, OHIO, CRIMINAL DIVISION -vs.- Plaintiff Adam J. Pugh, Case no.: 2010 TR C JUDGE (UNASSIGNED) Defendant DEMAND FOR DISCOVERY, REQUEST FOR NOTICE OF INTENT TO USE EVIDENCE, AND DEMAND FOR TESTIMONY LABORATORY ANALYIST Now comes the defendant, through counsel, and hereby requests that the prosecuting attorney forthwith provide all discovery to which the defense is entitled under the laws of Ohio, the Ohio and Federal Constitutions, the Ohio Rules of Criminal Procedure, the Ohio Traffic Rules and the case of Brady vs. Maryland. Defendant also asks that all material be made available for copying. By way of example, defendant requests discovery in the following particulars (this request should in no way be interpreted as being limited only to said particulars): CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) Any written or recorded statement by the defendant or a codefendant, including police summaries of such statements, and including grand jury testimony by either the defendant or codefendant. 2. Criminal and traffic records of the defendant, a co-defendant, and the record of prior convictions that could be admissible under Rule 609 of the Ohio Rules of Evidence of a witness in the state s case-inchief, or that it reasonably anticipates calling as a witness in rebuttal 3. All laboratory or hospital reports, books, papers, documents, photographs, recordings, tangible objects, buildings, or places.

19 a. The manufacturer's operating manual for any machine or device used to test or otherwise evaluate a sample of the defendant's blood, breath or urine to determine alcohol content; b. The manufacturer's service manual for any machine or device used to test or otherwise evaluate a sample of the defendant's blood, breath or urine to determine blood alcohol content; c. Any and all warranties and documentation of purchase date for any machine or device used to test or otherwise evaluate a sample of the defendant's blood, breath or urine to determine blood alcohol content; d. If the defendant submitted to a breath test, the calibration records for such machine or device preceding and following the date of the test performed on the defendant; and e. If the defendant submitted to a blood or urine test, the documents which reflect all blood or urine specimens by name, date and test result which were tested by the entity conducting the test on defendant's specimen. 4. Results of physical or mental examinations, experiments or scientific tests. 5. Any evidence favorable to the defendant and material to guilt or punishment. 6. All reports from peace officers, the Ohio State Highway Patrol, and federal law enforcement agents, including coordination or dexterity tests conducted of the defendant. 7. Any written or recorded statement by a witness in the state s casein-chief, or that it reasonably anticipates calling as a witness in rebuttal. 8. A written witness list, including names and addresses of any witness it intends to call in its case-in-chief, or reasonably anticipates calling in rebuttal or surrebuttal. CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) The written expert witness report required by Criminal Rule 16 summarizing the expert witness s testimony, findings, analysis, conclusions, or opinion, including a summary of the expert s qualifications. If a police officer will testify as an expert on any subject or offer an opinion on any subject based upon his training and/or experience the report regarding that testimony is also hereby expressly requested. 10. The results of chemical or scientific tests or experiments made in connection with this case, including: 2

20 a. Breath test results; b. Blood test results; c. Urine test results; and d. Any and all results of tests, experiments or evaluations of the machine, device or process used to obtain said breath, blood or urine test. 11. If a breath test was utilized, for the last calibration of the machine prior to the test of the defendant, discovery of the following information is requested: a. The name of the individual who prepared the calibration solution; b. The batch number of the calibration solution; c. The date the calibration solution was made; d. The percentage of known concentration of ethyl alcohol contained in the calibration solution; e. The date the calibration solution was received by the agency which conducted the breath test of the defendant; f. The date of the first use of the calibration solution; and g. The physical location of the calibration solution while it was in use. h. The certificate of analysis from Guth Labs or any other entity which provides alcohol calibration solutions to the Department of Health and which pertains to the batch and bottle used in this case. 12. With respect to the chemical or scientific test performed on the defendant's blood, breath or urine, for the year preceding the date of the test performed on the defendant, discovery of the following information is requested: CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) a. The dates of all maintenance performed on the machine or device used to conduct the test; b. The type of maintenance performed on the machine or device; and c. The name of the entity or person performing the maintenance. d. A complete copy of the repair log on any testing instrument used. 3

21 13. If analysis was performed on a sample of the defendant's blood or urine, discovery of the following information is requested: a. The name of the agency or authority which performed such test; b. The name and address of the person drawing the blood or collecting the urine; c. The training or qualifications of the person drawing blood; d. The date of the last evaluation of said agency or authority's laboratory by the appropriate certification authority; e. A copy of the last certification evaluation. f. If the defendant's blood was drawn by a hospital, copy of all protocols for drawing blood, all laboratory procedures or protocols of the testing laboratory for the collecting of samples, packaging, and shipment of blood or urine samples and g. Copies of all testing protocols and procedures for the laboratory analyzing defendant's sample. 14. The location of the blood, breath, or urine sample obtained from the defendant and subjected to testing by the government. 15. The location of the additional blood, breath or urine sample obtained from the defendant and preserved by the government so that the defendant could obtain independent analysis of the same. 16. The tapes of any calls to the radio room or dispatches from the radio room regarding or in any way relating to the defendant along with any records indicating the precise time that said tape was made. 17. If a breath test was conducted, the results of the RFI test regarding the machine and site where the defendant was tested. CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) Copies of the operator's and/or senior operator's permits and/ or access cards for the testing and calibrating officers and the last date of completion of any in-service courses pursuant to the Ohio Administrative Code. 19. Any and all training manuals used by any prosecution witness, including, but not limited to National Highway Traffic Safety Administration manuals or other field sobriety testing manuals. 20. If a blood or urine test was performed, the defendant demands discovery in the following particulars: 4

22 a. The lab case file b. Chromatograms of defendant s samples and calibrators and quality controls c. SOP for the blood or urine alcohol which was analyzed d. Documentation as to source of calibrators e. Starting materials f. SOP for preparation of calibrators g. Identification of source and preparation of the quality control samples h. Copies of internal audits for last 2 audits i. External laboratory audits for last 2 audits j. All repair records (Have some--may have been provided) 21. Calibrators a. Chromatograms for any and all calibrators used in any and all runs of the defendants samples b. Any and all manufacturer s data describing the AC of the calibrator including, but not limited to, traceability to NIST c. Procedure for manufacture and any notes covering the manufacture of the calibrators, if made in house. d. Any in house laboratory data verifying or determining, or resetting the AC of the calibrator. e. Any data verifying or determining the AC of the calibrator. 22. Standards CLEVE M. JOHNSON ATTORNEY AT LAW 495 S. High Street, Suite 400 Columbus, OH FAX (614) a. Chromatograms for any and all standards used in any and all runs of the defendant s samples. b. Any and all manufacturer s data describing the AC of the standard included, but not limited to, traceability to NIST. c. Procedure for manufacture and any notes covering the manufacture of the standard(s), used in this case, if made in house. d. Any in house laboratory data verifying or determining the AC of the standard. 5

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