Breath Tests

I have spoke about this before, but I have more proof that fighting DUI cases in Cincinnati and Dayton will sometimes produce very good results.  There are offers at a pretrial and offers for lawyers that fight. Prosecutor will often take a very cursory view of the charges and your prior history before offering a [...]

DUI Appeals

The City of Cincinnati has appealed four of our firm's OVI cases.  These cases will be heard in the next few months. The litigation surrounds the new breath test machine from the Dept. of Health in Ohio.  This is the Intoxilyzer 8000. The machine is alleged by the defense to have several defects and problem [...]

Yes and no.  The Cincinnati Prosecutor's Office told the Cincinnati Police to stop using the new machine for now while litigation plays out in the court of appeals. However, the Ohio State Highway Patrol is still using the machine for cases involving persons arrested for drunk driving or OVI in the Cincinnati area.  Various other [...]

A judge recently ordered the Ohio Department of Health (ODH) to produce machine test records in Hamilton County Municipal Court in Cincinnati, Ohio.  This information was requested by defense lawyers in discovery, by pubic record request, subpoena, and finally in a motion to compel production of evidence. After a two hour hearing, the judge found [...]

Arrested in Ohio and the police are asking you to take a breath test?  There are some thing about the new breath test machine you should know. The Intoxilyzer 8000 is in use in the Cincinnati area now.  Since going into service, it has been under attack. Most other states have been attacking it related [...]

If you refuse the test after a Cincinnati DUI or OVI arrest, can it be used against you? Yes.  The jury will be instructed that they may, but do not have to, consider the fact that you refused the breath test as evidence of guilt. It is still better to refuse the test because if [...]

Charged with DUI or OVI in Cincinnati, 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. OVI and DUI lawyers in Cincinnati, Ohio are winning cases against [...]

There are many ways to be guilty of the crime of DUI or OVI in Cincinnati, Ohio.  One is to drive a car under the influence (you look drunk) and the second is to have too much alcohol in your system (you drank too much even if you look fine). If you refuse the breath [...]

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