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Dayton DUI Attorney Charles Rowland > Posts tagged "vega"

DUI Case Law Update: State v. Ilg

DUI case law update: State v. Ilg, Slip Opinion No. 2014-Ohio-4258For most of my career I have had to deal with a tremendous disadvantage in DUI cases.  In 1984, the Ohio Supreme Court decided State v. Vega, 12 Ohio St. 3d 185, 465 N.E.2d 1303 (1984) which was interpreted to prevent an attack on the breath test machine if it attacked the "general reliability" of a breath alcohol test if it was "conducted in accordance with methods approved by the director of the Ohio Department of Health." Id.  In practical purposes, courts used VEGA to preclude almost all attacks on a...

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DUI LAW: Once There Was A Place Called Camelot

Image by Mr Mo-Fo via FlickrDON'T LET IT BE FORGOT, THAT ONCE THERE WAS A SPOT, FOR ONE BRIEF SHINING MOMENT, THAT WAS KNOWN AS CAMELOT. In State v. Homan, 89 Ohio St.3d 421, 2000-Ohio-212, 732 N.E.2d 952 (2000),  the Ohio Supreme Court ruled in favor of requiring the government to strictly comply with the standardized testing procedures set forth in the National Highway Traffic Safety Administration (hereinafter NHTSA).  NHTSA is the government agency tasked with determining what quasi-scientific tests are indicative of alcohol impairment.  The court concluded that "even minor deviations from the standardized procedures can severely...

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State v. Vega, shackling Ohioans for over 25 years!

State v. Vega shackles Ohioians  The following post is from a respected national DUI attorney, Lawrence Taylor,  a man I respect.  Here he lays out the best and most damning argument against Ohio's decision to prevent defendant's from challenging the breath test machine.  The decision he is criticizing is State v. Vega.  It is the position of this blog that this decision is badly decided and should be overturned. Posted by Lawrence Taylor on December 4th, 2008I received a lot of email from readers who think there was some misunderstanding at the end of my last post, that it could not possibly...

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