Today, in State v. Heather Reid, Case No. TRC 1100716 in the Circleville Municipal Court, Judge Gary Dumm has ruled that “The State of Ohio cannot expect this Court to find the Intoxilyzer 8000 reliable when the State refuses to address known problems and explain why those problems can be ignored.”
The Court calls for independent laboratory testing to address the issues raised by the adoption of the Intoxilyzer 8000: RFI, sample size of the chamber, volume of the [Read the full post. . .]
Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test? According to scientific research, “[t]he subject’s test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation.” (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.
Hyperventilation [Read the full post. . .]
Last week the Clark County Prosecutor’s Office sent out a letter detailing a new diversion program. The announced “goal of the program is to promote the efficiency within the Clark County Common Pleas Court while allowing lower level felony offenders an opportunity to avoid the handicap of a life altering felony conviction.” The new diversion program is modeled on established programs in Franklin and Montgomery Counties. The letter indicates that approximately 50 people a year will be permitted to take [Read the full post. . .]
In 2006, MADD, the government, Mothers Against Drunk Driving and members of the automotive industry created a panel to encourage and support the development of new technology that would stop drivers from operating a vehicle if drunk. The result was DADSS or Driver Alcohol Detection System for Safety. DADSS uses tissue spectrometry, a technology that employs an estimation of alcohol in tissue through detection of light absorption and distant spectrometry which uses part of the infrared light spectrum to [Read the full post. . .]
One of the most frequently asked questions to my staff involve the issue of POINTS on an Ohio driver’s license. “Points” under Ohio law are set forth at O.R.C. 4510.036(C). The statute lists the following as 6-point violations:
6 Point Violations
-Aggravated Vehicular Homicide
-Vehicular Homicide
-Vehicular Manslaughter
-Aggravated Vehicular Assault
-Willful Fleeing and Eluding,
-Failure to Stop and Disclose Identity at Accident
-Street Racing
-Driving Under Suspension
-OVI (drunk driving)
-Unauthorized Use of a Motor [Read the full post. . .]
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