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Ohio Turns Over Results of Dozens of Breath-Alcohol Tests
By: Associated Press
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The Ohio Department of Health has turned over results from alcohol breath-test machines for more than 160 cases following an state Supreme Court ruling that allowed drunken driving defendants to challenge the accuracy of certain results.
The court said last year that while Ohio law prohibits challenges of the general reliability of state-approved testing machines, it does not prevent someone from challenging the reliability of a specific machine.
Health Department spokesman Melanie Amato says the department has provided defense attorneys and prosecutors who’ve requested the information the underlying data for 164 results from Intoxilyzer 8000 breath-test machines.
Defense lawyers have suggested the information could help prove the results are inaccurate and the machines are legally unreliable for drunken driving convictions, claims the state denies.