The Ohio Supreme Court accepted a case involving the 8000 breath test machine which is the same used on OVI cases in Dayton, Ohio. The are reviewing a case that has been used by prosecutors for decades to prevent defense lawyers from challenging the admissibility of breath test machines.
The defense bar hopes that this revisiting of Vega is a sign that the law on Vega will change. The most cited criticism of Vega is that it was decided when the breath testing machines were only a presumption of impairment.
The law on OVI in Ohio currently means that is you test over the limit you are guilty of a crime. The case to be heard by the Supreme Court was only accepted on one of three issues. The court accepted “Proposition of Law l(as formulated by Appellant, City of Cincinnati): State v. Vega prohibits defendants in OVI cases from making attacks on the reliability of breath testing instruments, thus a defendant cannot compel any party to produce information that is to be used for the purpose of attacking the reliability of the breath testing instrument .
We are all hoping this decision is favorable to the defense and that it will open future challenges to the machine.