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 no scientific background isn't sufficient basis to validate the Intoxilyzer's findings as trial evidence."
Up till now, prosecutors have relied on a 1984 ruling by the Ohio Supreme Court in the case of State v. Vega. Courts have interpreted that ruling to say that once the Department of Health certifies a breath-testing machine, a defense attorney can't bring in expert witnesses to try to discredit the machine's reliability. Now, Toy suggested, the rulings by Grim and Dumm may be swinging the authority for deciding what's admissible back to the judges, and away from the state agency.
The article also points out some of the difficulties that the machine has encountered in other jurisdictions. "In Tennessee, he wrote, a state agency tested three different devices and did not approve the Intoxilyzer, finding that it "failed to yield satisfactory results on all accuracy, precision and performance tests. In Florida, the judge pointed out, there has been "considerable litigation" around the machine. In one case there, a state appellate court has ordered the manufacturer of the Intoxilyzer, CMI, Inc. to turn over the device's computer "source code" which the company has so far refused to do, in defiance of a court order."
Dayton DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver. He has the credentials and the experience to win your case and has made himself Dayton’s choice for DUI defense. Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263). For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671. For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500. Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to 40404. DaytonDUI is also available on Facebook, www.facebook.com/daytondui. You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.
- Fighting for Fairness in DUI Law (daytondui.com)
- Intoxilyzer 8000 Evidence Thrown Out in Circleville, Ohio (daytondui.com)
- DaytonDUI, Defending a Breath Test Case (daytondui.com)
- Arrested for DUI in Dayton, Ohio? (daytondui.com)
- Why Allowing Junk Science in the Courtroom is Hurting Our System (daytondui.com)
- Are We One Step Closer to Killing State v. Vega? (daytondui.com)