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Dayton DUI Attorney Charles Rowland > Posts tagged "junk science"

DaytonDUI, Defending a Breath Test Case

"I'll Huff and I'll Puff and Blow Your House Down" Did you know that your breathing pattern can significantly alter the concentration of alcohol on your evidential breath test?  According to scientific research, "[t]he subject's test manner of breathing just prior to providing breath for analysis can significantly alter the concentration of alcohol in the resulting exhalation." (Jones, 1982, Schoknecht, 1989) as cited in Physiological Aspecs of Breath-Alcohol Measurement, Alcohol Drugs & Driving Vol. 6, No. 2, A.W. Jones.Hyperventilation "...

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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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Why Allowing Junk Science in the Courtroom is Hurting Our System

When you hear a DUI/OVI attorney decrying "junk science" that is used in court, they are most likely referring to the fact that the air blown into the breath test machine for purposes of testing cannot be the same air that is exchanged with the deep lung alveolar sacs. It is impossible to limit the breath test to limit itself to deep lung alveolar air. The theory breaks down because: IF THE MAJORITY OF AIR BEING MEASURED HAS NOTHING TO DO WITH THE BLOOD EXCHANGE THEN THE TEST IS NOT MEASURING...

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Fighting for Fairness in DUI Law

As anyone who follows this blog regularly knows, I have a deep and abiding hatred for the 1984 Ohio Supreme Court decision in State vs. Vega (1984), 12 Ohio St.3d 185, 465 N.E.2d 1303.  Vega has come to stand for the proposition that an attorney may challenge the particulars of his client's evidential breath test, but the standards and practices of breath testing as determined by the Ohio Department of Health are sacrosanct and cannot be challenged in court.  In this commentator's opinion, the Vega ruling allows junk science to become conclusive evidence (example: Ohio's adherence to a one-breath-test...

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