Ohio DUI Law: Another Jurisdiction Dumps the Intoxilyzer 8000
Add Cincinnati to the Jurisdictions Not Relying on the Intoxilyzer 8000 It appears that the ruling from the 12th District Court of Appeals upholding the use of the Intoxilyzer 8000, despite clear language in the Ohio Administrative Code requiring a dry gas control prior to each subject test, has not saved the Intoxilyzer 8000 in nearby Hamilton County. In May, Municipal Court Judge Melissa Powers agreed and ruled the machine must be cleared after each breath test. Her ruling threw OVI prosecutions within Cincinnati into limbo because defense attorneys used it to attack drunk-driving allegations made using that machine. Cincinnati City Prosecutor Charlie...
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