Judge ruled that Intoxilyzer 8000 test result is inadmissible in court04 Nov 2010, by DUI & Traffic Defense in
Attorney Dan Sabol defended his client in a Madison County OVI case, resulting in a hearing where the breath test associated with the case was found to have not complied with the standards set forth by the Ohio Department of Health. As such, the court ruled that the test could not be used in the prosecution of his client.
The Intoxliyzer 8000 is a portable device designed to measure a person’s breath alcohol levels. Ohio has purchased around 700 machines, and plans on implementing these machines across the state within the next year or two. This is the first known case in which the evidence from the test results were deemed inadmissible after a contested motion hearing.
Attorney Sabol states that “The crux of the problems surrounding the 8000, and breath testing in general, is that here in Ohio defense attorneys are not permitted to challenge their general reliability due to a split Ohio Supreme Court decision decided in 1984. Without the ability to challenge whether these machines work correctly, Ohio Department of Health can implement new machines, such as the 8000, and not have to concern themselves with whether they work as well as they should…. Hopefully, once these issues come to light in Ohio, ODH and perhaps the Supreme Court will revisit whether their general reliability can be challenged in court when a citizen’s freedom is on the line. That said, the 8000 presents many unique problems for the prosecution to get these results into evidence, and I look forward to challenging these results not only on ODH grounds, but under Due Process rights as well.”
Read the Columbus Dispatch article here.