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…
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Intoxilyzer 8000 Finding Opposition Throughout Ohio and Beyond

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

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…
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