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Articles Posted in DUI/OVI blood/breath/urine tests

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Appellate Court Rules On Intoxilyzer 8000 Admissibility In Central Ohio OVI Cases

For the first time, an appellate court in Central Ohio addressed whether evidence from an Intoxilyzer 8000 is admissible in an O.V.I./D.U.I. trial. The court of appeals ultimately decided that the defendant is prohibited from challenging the general reliability of the Intoxilyzer 8000, so the results of that machine’s breath…

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Should Ohio Police Be Able to Draw Blood Against Your Will?

Trooper Mark Winder stopped Tyler McNeely for speeding and observed the usual trilogy of intoxication signs: odor of alcohol, bloodshot eyes, and slurred speech. Winder gave McNeely field sobriety tests and arrested him for driving while intoxicated. The trooper drove McNeely to a hospital and asked McNeely to give a…

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Intoxilyzer 8000 Challenges Continue

Previous posts in this blog discussed developments with the Intoxilyzer 8000 breath-testing machine. On May 30, 2011, the post summarized the Gerome case in Athens. In Gerome, the judge held the defendant is permitted to introduce evidence of factors affecting the breath test results. Another post reported the disappearing Intoxilyzer…

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Intoxilyzer 8000 Records Disappearing In Ohio DUI/OVI Cases

The State of Ohio may be regretting its $6.4 million purchase of Intoxilyzer 8000 breath-testing machines. In State v. Gerome, the judge wrote a decision critical of the Intoxilyzer 8000 that stated the machine is “capable of producing an inaccurate result.” In State v. Reid, the judge decided the Intoxilyzer…

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Blood Test Thrown Out In Ohio OVI Case Because Defendant’s Consent Was Invalid

Occasionally, evidence in Ohio O.V.I. (D.U.I.) cases comes from a blood sample taken at a hospital. When the blood sample is obtained in a hospital setting, issues arise regarding the admissibility of the blood test. One issue is whether the suspect’s consent to giving the blood sample is valid. For…

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Miami Cop Involved In Strange And Tragic Incident On ATV

In Miami, there’s nothing strange or tragic about a police officer riding down the beach on an ATV. What makes this incident strange is the on-duty officer is taking a female passenger on a joyride while he’s on duty. What makes this incident tragic is the officer plows into two…

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Ohio Judge Rules Intoxilyzer 8000 Evidence Inadmissible

The last post of this blog discussed the Gerome case in Athens, Ohio. In that case, which is still pending, the judge will make decisions about the reliability of the Intoxilyzer 8000 and whether a defendant must be given an opportunity to challenge the breath test’s general reliability at trial.…

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Intoxilyzer 8000 Case May Open Door To Challenging Breath Tests In Ohio

In previous posts, this blog has discussed two separate but related issues. The post on May 3, 2010 explained that defendants in Ohio O.V.I. cases do not have the ability to challenge the general reliability of breath testing machines at trial due to the holding in State v. Vega. The…

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Should I Take The Breath Test In An Ohio OVI Case?

As a D.U.I. defense attorney, this is one of the most frequently asked questions I receive (second only to “how can you do that?”). The answer is surprisingly complicated: it depends on factors that include how much alcohol you drank, whether you are more concerned about the short-term or long-term…

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