October 27, 2012 | Breath Tests
The fourth way to defend against the new Intoxilyzer 8000 in Dayton, Ohio is time. The prosecutor is having difficulty bringing Ohio Department of Health (ODH) representatives to court. The reps are needed because the machines belong to the ODH. They also calibrate and maintain the machines. They are needed to testify about placing… read more
September 21, 2012 | Breath Tests
The regulations are poorly written where they say an officer that was issued a “permit” to operate the old breath testing devices can only use those breath test devices that they have been issued a “permit” for. This is a problem because the new machine requires an “access card.” There is also another argument that… read more
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… read more
June 30, 2012 | Breath Tests
The new breath testing machine in Ohio is being routinely thrown out of court in DUI and OVI cases all over Ohio. The problem is mainly that the machine is not operating in compliance with the Ohio Administrative Code (OAC) that regulates drug an alcohol testing. The best defenses to the Intoxilyzer 8000, Ohio’s new… read more
March 24, 2012 | DUI Law
In an Ohio OVI case the jury will hear instructions on the case. Here is the jury instruction in an OVI case where the allegation is operating under the influence: UNDER THE INFLUENCE. A person is under the influence of (alcohol) (a drug of abuse) (a combination of alcohol and a drug of abuse) when he consumes (alcohol)… read more
February 23, 2012 | DUI Law
DUI laws in Dayton, Ohio are strict under O.R.C. 4511.19. If convicted on a first offense you are facing mandatory jail, fines, license suspension, six points on your license, and it can never be expunged. You will need a DUI lawyer to help you find and exploit defects in the prosecutor case. The remedy courts… read more
February 3, 2012 | Breath Tests, DUI Law
Charged with DUI or OVI in Dayton Ohio? Did you take a test on the new Intoxilyzer 8000? We can help. The Intoxilyzer 8000 has been in service in Ohio since 2009. It has come under some heavy fire from defense lawyers across Ohio. Some courts are suppressing test results because of machines going haywire,… read more
January 9, 2012 | OVI Rights, SFSTs
Dayton DUI and OVI Defense Lawyers at Suhre & Associates DUI and Criminal Defense Lawyers will consult with you to determine the best ways to protect your innocence. We look to see if you can be found not guilty before we consider a plea. Our OVI attorneys in Dayton will be able to show you… read more
December 5, 2011 | DUI Law
The court of appeals for the second district in Montgomery County, Ohio, recently decided a new Huber Heights OVI case in State v. Rawnsley, 2011-Ohio-5696.The defendant was charged with OVI / DUI (which is the same thing) and aggravated vehicular assault in Huber Heights, Ohio, near Dayton in Montgomery County. The OVI lawyer objected… read more
November 24, 2011 | Breath Tests, DUI Law, OVI Rights
Charged with an OVI or DUI in Dayton Ohio? Call one of our DUI / OVI lawyers right now at 937-531-0435. We have decades of combined experience that can help defend you immediately. It is best to be safe this holiday season. Remember there is no legal amount of alcohol or drugs to have in… read more