This 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, Marrocco & Jensen 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, Marrocco & Jensen Inc., call today!