DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258
For most of my career I have had to deal with a tremendous disadvantage in DUI cases. In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the “general reliability” of a breath alcohol test if it was “conducted in accordance with methods [Read the full post. . .]
If you are driving along Interstate 75 this weekend, be aware of an Ohio OVI and marijuana enforcement blitz that may cause you to get stopped.
OVI: The Ohio State Highway Patrol will team up with law enforcement officials from Florida to Michigan along the Interstate 75 corridor for the third I-75 Challenge. The initiative begins Friday, September 26 at 12:01 a.m. and ends Sunday, September 28 at 11:59 p.m. This effort is a high visibility enforcement initiative aimed at [Read the full post. . .]
You can expect a major increase in Ohio DUI enforcement beginning today. Operation “Drive Sober or Get Pulled Over” will put 99 law enforcement agencies on our roads with over 8,400 hours of extra enforcement that will run through Labor Day. The national Drive Sober or Get Pulled Over crackdown is a program organized by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and focuses on combining high-visibility enforcement with heightened public awareness through advertising and publicity. [Read the full post. . .]
You may think that any person who takes an OVI breath test and blows above Ohio’s .08 legal limit is guilty of OVI. This is not the case.
Ohio employs a device called the Intoxilyzer 8000. This device has many problems in its operation. In fact, after a lengthy hearing on the Intoxilyzer 8000, a judge in Marietta ruled that the machine was not reliable [Story HERE]. Prosecutors hide behind a 1984 Ohio Supreme Court decision that said because [Read the full post. . .]
The Intoxilyzer 8000 measures how much breath you provide by something called a ‘pressure transducer.’ Instead of directly measuring the volume of your breath by a pressure switch, like the old Intoxilyzer 5000 did, the 8000 indirectly measures breath. Not only is it needlessly complicated, it simply doesn’t work! The flow sensor systems in Florida’s Intoxilyzer 8000’s are so unreliable that FDLE ordered that police STOP KEEPING RECORDS of the system in monthly checks. In 2011, a system-wide check showed [Read the full post. . .]