WARREN, Ohio - A Trumbull County judge will decide if breathalyzer evidence can be used against a man charged after his ninth OVI arrest.

Ricky Slabaugh faces trial on charges of operating a vehicle under the influence and child endangering.

Slabaugh's attorney argues that the arresting Ohio State Trooper never saw Slabaugh behind the wheel of the vehicle and did not administer the breathalyzer test within the legal time frame.

Slabaugh's blood alcohol level was tested at point zero 99. The legal limit is point zero eight.