Intoxilyzer 8000 Upheld in Ohio’s 11th and 12th Appellate Courts

When you are accused of a DUI/OVI in Ohio, the breath test machine is presumed to be perfect. What is more, your attorney cannot challenge scientifically provable flaws in the machine or the weakness in the science supporting the machine. Such challenges are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) holding 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...

17 December

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Eleventh District Court of Appeals Upholds State v. Vega

Posted by Dayton DUI

in DUI Law, DUI Process

When you are accused of a DUI/OVI in Ohio, the breath test machine is presumed to be perfect. What is more, your attorney cannot challenge presumed flaws in the machine or the weakness in the science supporting the machine. Such challenges are limited by a 1984 Ohio Supreme Court ruling (State v. Vega) holding 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...

31 May

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

Posted by Dayton DUI

in DUI Process

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...

14 April

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Fighting for Fairness in DUI Law

Posted by Dayton DUI

in DUI Law, DUI Process

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...

state v. vega Tag

Intoxilyzer 8000 Upheld in Ohio’s 11th and 12th Appellate Courts

Eleventh District Court of Appeals Upholds State v. Vega

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

Fighting for Fairness in DUI Law

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