The Law Offices of Saia & Piatt Inc.
  • Columbus
    614-444-3036
  • Mayfield Heights
    440-646-1881
  • Delaware
    740-362-4772
  • Mt. Gilead
    419-946-7876
View Our Practice Areas

Attorney Joseph Hada's Article Published in Ohio Tavern News

Joseph-Hada-1000-ffccccccWhite-3333-0.20.3-1.pngThis week Ohio Tavern News published an article written by Attorney Joseph Hada about a recent Ohio Supreme Court ruling that determined that the legitimacy of any breath test can be challenged in court. This ruling is a huge step for OVI/DUI defense and gives our team at The Law Offices of Saia & Piatt, Inc. another tool to use when fighting clients' charges. 

New Ohio Ruling Strengthens OVI/DUI Defense

The Supreme Court, in hearing this case, agreed to rule on the legitimacy of the Intoxilyzer 800, a breath machine whose reliability has been called into question by lower courts. The defense sought to examine the software of the machine, any software changes, and communications between the Ohio Department of Public Health, the Ohio Department of Public Safety, and the City of Cincinnati and the makers of the machine. The City of Cincinnati refused to provide this information, which led to the defense requesting that the breath test be excluded from evidence. The court granted this request, which the city appealed to the Supreme Court.

The Supreme Court unanimously voted that anyone accused of OVI is able to question accuracy, competence, admissibility, relevance, authenticity, or credibility of their breath test results, regardless of how accurate the Ohio Department of Health determines the machine to be.

The Cincinnati v. Ilg court case that led to the change is being seen as a victory for transparency and fair play in OVI cases, where more often than not, the accused is presumed guilty in the eyes of the law. The city attempted to claim that the defense was unable to challenge the results of a breath test while the higher court ruled that any individual breath test could be called into question as part of a legal defense. Just because the Intoxilyzer 800 has been approved from use does not bar further questioning and examination into its operation.

Attorney Joseph Hada dedicates his legal practice to the fields of OVI/DUI, criminal, and traffic defense in Ohio. He is a former public defender with years of experience defending clients from arraignment through their trials. Attorney Hada frequently speaks throughout the state at seminars for OVI/DUI Defense and continually pursues and researches innovative defenses for his clients.

If you or a loved one has been charged with OVI, you need immediate legal representation. We have over 100 combined years of legal experience, so you can be confident that you will receive outstanding defense for your case. For a free case consultation with our experienced and effective defense team at The Law Offices of Saia & Piatt, Inc., call today!

No Comments

Leave a comment
Comment Information

A Nationally Recognized Law Firm

Email Us For A Response

Start Fighting Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Columbus Office
713 South Front Street
Columbus, OH 43206

Toll Free: 888-444-3036
Phone: 614-444-3036
Map & Directions

Mayfield Heights Office
1392 SOM Center Road
Mayfield Heights, OH 44124

Phone: 440-646-1881
Fax: 440-443-1969
Map & Directions

Delaware Office
98 North Union Street
Delaware, OH 43015

Phone: 740-362-4772
Fax: 740-362-4802
Map & Directions

Mt. Gilead Office
19 East High Street
Mt. Gilead, OH 43338

Phone: 419-946-7876
Fax: 419-947-8595
Map & Directions

Review Us
Call Today For A Free Case Evaluation :
614-444-3036 or 888-684-6446 (888OVIOHIO)