August 5, 2012 | Breath Tests
The Ohio Department of Health (ODH) cannot prove in court that they maintain 3 years of records on the Intoxilyzer 8000 and 3 years of subject test results. The ODH manipulated the storage and public display of evidence on the website in ongoing criminal cases.
They claim this was done to avoid confusion, but some judges agree with the defense that it only caused more confusion. They didn’t even keep a copy to produce to defendants if ordered to by the judge, and that’s where the problem is.
They are subsequently unable to produce 3 years of records of data that was reported from the machine like: breath volume, sample attempts, breath duration, tank pressure, atmospheric pressure, etc. These were all things OVI lawyers in Ohio were using to defend DUI cases.
Judge’s are using errors in the machine that go unexplained by the prosecutors, police, and ODH representatives to suppress breath test results from being used at trial in DUI cases.
Call the OVI attorney’s at Suhre & Associates if you have been arrested for OVI in the Dayton area – including: Montgomery, Greene, Miami, Darke, Clark, Clinton, Allen, Ross, or Champaign counties; or, in the following cities: Riverside, Oh., Kettering, Oh., West Carrollton, Oh., Huber Heights, Oh., Trotwood, Oh., Beavercreek, Oh., Vandalia, Oh., Centerville, Oh., Miamisburg, Oh., Englewood, Oh., Fairborn, Oh., Clayton, Oh., Tipp City, Oh., Springboro, Oh., Xenia, Oh. – Call one of our qualified OVI lawyers at 937-531-0435. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put our team of OVI lawyers in Dayton which includes a FORMER POLICE OFFICER and a FORMER PROSECUTORS to work… for you!
To learn more, call our Dayton Criminal Defense law firm at (937) 531-0435 or visit our contact us page to send us an email.
