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Yes: Ohio Bars Defendants from Challenging Breathalyzers

By Lawrence Taylor

I’ve received a lot of email from readers who think there was some misunderstanding at the end of my last post, that it could not possibly be true: It looks like Ohio is asking themselves the same question I’ve been asking:  "What are they hiding?".  Oh, and let me repeat that last paragraph in the news story: (Public Safety Department counsel Joshua) Engel predicted "we will not see any lawsuits in Ohio" because the Ohio Supreme Court established in an earlier ruling that the accuracy of drunken driving testing machines could not be brought up as a defense. What?  An American citizen accused of driving over .08% is not permitted to question the accuracy of the machine — the only blood-alcohol evidence in the case? Yep...continue to full post

Full post as published by DUI Blog on December 04, 2008 (boomark / email).