Rollout of breath tester hits legal snag
As reported HERE in the Columbus Dispatch, "Judge Gary Dumm of Circleville Municipal Court ruled Thursday that test results from the Intoxilyzer 8000 will not be admitted in his court until the state can present scientific proof that the machine's technology is sound." This flirts with overturning the 1984 Ohio Supreme Court ruling in State v. Vega that states that breath tests in general cannot be challenged by expert testimony, Dumm said the ruling permitted him to examine whether the Intoxilyzer 8000 was "proper equipment."
Columbus lawyer Tim Huey, president-elect and DUI chairman of the Ohio Association of Criminal Defense Lawyers, thinks more judges will follow Dumm's lead. "The state's position is that if 'we approve it, you can't challenge it,'" Huey said. He said the state rushed to buy a flawed machine that had been rejected by other states, while sidestepping concerns raised by both judges and lawyers.
- Rollout of breath tester hits legal snag (dispatch.com)
- Are We One Step Closer to Killing State v. Vega? (daytondui.com)
- Breath-tester's reliability challenged in hearing (dispatch.com)
- DaytonDUI, Defending a Breath Test Case (daytondui.com)
- Fighting for Fairness in DUI Law (daytondui.com)
- Arrested for DUI in Dayton, Ohio? (daytondui.com)