A Lucas County Common Pleas Court judge heard additional testimony yesterday to determine whether blood samples taken from a former Toledo city employee accused of drunken driving while at work can be used as trial evidence.
Gary Groszewski, 50, of 111 Gramercy, was arrested Dec. 7 and charged with felony drunken driving. If convicted, he faces up to 18 months in prison.
Defense attorneys Alan Konop and Peter Wagner have argued through motions and in several hearings before Judge James Jensen that the blood sample and Breathalyzer tests administered to Mr. Groszewski are not admissible for several reasons, including because they were acquired during the course of an investigation by his employer and not by a police investigation. Additionally, the attorneys said the blood sample was not drawn within the three-hour limitation required by law.
According to testimony in a previous hearing, Mr. Grosewski s blood-alcohol content was 0.093 and 0.092 percent. A motorist is considered intoxicated in Ohio with a blood-alcohol content of at least 0.08 percent.
Judge Jensen allowed more time for information to be provided before he decides whether the tests will be admissible. The case will go to trial Oct. 9.