Man vs Machine: Challenging the breathalyzer
A ruling from the Ohio Supreme Court in 2014 said that defendants in drunk driving cases could not challenge the general reliability of state-approved testing machines. But there are a variety of approved machines, and if someone felt compelled to challenged the accuracy of a specific machine, that would be alright. With that in mind, the Ohio Department of Health has now turned over results from 164 court cases to prosecutors and defendants in cases where the accused wishes to challenge testing results from the Intoxilyzer 8000. Defense attorneys say that these results could help to show that this particular machine is unreliable and its results should not be admissible. (jj)
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