Tag Archives: athens municipal court

Athens Judge Throws Out Intoxilyzer 8000 Rules

State v. Moore (12 TRC 1842) and State v. Montague (12 TRC 3773) Athens Municipal Court

In another in a series of troubles for the implementation of Ohio’s newest breath test machine, Judge Grimm in Athens County has halted use of the Intoxilyzer 8000.  Courts throughout Ohio must decide how, given this ruling, they will deal with the implementation of the machine.  The issue before the court involved the rules adopted by the Ohio Department of Health.  Specifically, the court [Read the full post. . .]

Intoxilyzer 8000 Finding Opposition Throughout Ohio and Beyond

Eye death

In an article in the Athens News (click HERE), the newspaper outlines the latest developments in the attacks on the implementation of the Intoxilyzer 8000 breath test machine.  Apparently, the Ohio Department of Health is not providing a rousing defense of the machine.  Quoting from the article, “Toy noted that in both the Athens and Pickaway County cases, ODH official Mary Martin testified on behalf of the agency, but that Dumm’s ruling says her testimony given that she has [Read the full post. . .]

Are We One Step Closer to Killing State v. Vega?

Seal of Hancock County, Ohio

Most challenges to a breath testing instrument in Ohio are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) that held that once the Ohio Department of Health certifies a machine, it becomes valid and the defendant loses the ability to argue defenses based on the underlying science of the machine.  This author has made it a long-standing goal to fight this case and has done so for over 10 year.  Well, a case out of [Read the full post. . .]