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Dayton DUI Attorney Charles Rowland > Posts tagged "athens county"

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 deal with the implementation of the machine.  The issue before the court involved the rules adopted by the Ohio Department of Health.  Specifically, the court was asked to address whether or not the Ohio Department of Health has authority to issue operator cards for the Intoxilyzer...

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Intoxilyzer 8000 Can Be Challenged In Court

An Athens County judge's ruling in an OVI case has opened the door for defense attorneys to challenge the Intoxilyzer 8000 in court and may signal the death of a controversial 1984 Supreme Court decision which ruled that the machines were not open to challenges from accused defendants.  Judge William A. Grim found that while the Intoxilyzer's results do meet the minimum standard for admissibility, defense attorneys should be allowed, on a case-by-case basis, to use expert witnesses to attack the results.  Judge Grim also found reason to suspect that radio interference from cellphones can skew...

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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 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...

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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 has made it a long-standing goal to fight this case and has done so for over 10 year.  Well, a case out of Athens may represent a crack in the dam.  The story is from the Columbus Dispatch.Breath-tester’s reliability challenged in hearingSaturday, May 28, 2011...

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