The Intoxilyzer 8000 dies another slow death when the test was thrown out. In this case, it involves a failure to produce the “COBRA” data base of info collected by the machine.
The Ohio Department of Health (ODH) keeps the breath test records. The records were ordered to be produced by a Judge in Cincinnati during a DUI case.
The ODH admitted to having the data, but refused to produce it so that the defense expert could review it in preparation of a defense to the charge. The ODH maintains that they only have the data in a read only format and it could not be produced since they did not have the resources to accomplish the task.
The decision was published here: