According to the Department of Heath, it now expects to be able to turn over test data to defense attorneys by December 1st and says that it is currently introducing new software into the department to facilitate the disclosure of information. The hope among many in the criminal defense world is that the information turned over by the state, the information the department was so reluctant to hand over, will reveal that the Intoxilyzer is unreliable when it comes to DUI testing, something that could impact potentially thousands of drunk driving cases across the state.
Already, police departments in several of the largest metro areas have moved away from the machines. Law enforcement in Cincinnati and Akron stopped sing the Intoxilyzer 8000 while Columbus police never used the device in the first place. Whether the results lead to cases being dropped remains to be seen, but the recent Supreme Court decision definitely opens up a new avenue for attack for those interested in fighting back against their drunk driving charges.
Source: “Ohio to give attorneys past data on DUI breath-testers,” by Randy Ludlow, published at Dispatch.com.