MAHONING COUNTY Judge's ruling: Continue using Breathalyzer
Defense attorneys for a dozen local residents charged with DUI are looking to appeal.
By IAN HILL
VINDICATOR STAFF WRITER
AUSTINTOWN -- A judge has issued a ruling ensuring that 450 law enforcement departments in Ohio can continue to use the Ohio BAC DataMaster Breathalyzer machine.
The ruling by Judge David D'Apolito of Mahoning County Court here states that software modifications to the machine complied with state laws and regulations and did not affect test outcomes.
Attorneys for 12 local residents argued the tests results couldn't be trusted. They asked the judge to suppress the results that led to DUI charges by the Ohio State Highway Patrol.
The Canfield OSHP post, the county sheriff's office and police departments in Canfield, Austintown and Milton Township test blood-alcohol level using the machine.
If Judge D'Apolito had suppressed the results, every person convicted of drunken driving in Ohio after being tested by the machine since 1999 could have asked to have their convictions overturned.
Charged each year
Ken Cardinal, the prosecutor for the Austintown court, said about 1,500 people are charged with DUI in the court each year.
"It's the correct decision," Cardinal said of the ruling.
Sgt. Rick Brown of the Canfield OSHP and Maj. Mike Budd of the sheriff's department were pleased with the ruling.
"DUI enforcement is a great concern to everybody," Budd said.
Attys. Scott Cochran and Dennis DiMartino, who represent a total of six of the 12 seeking suppression, said the ruling most likely will be appealed. "I think we're all still fully committed to it," DiMartino said.
The attorneys argued the Ohio Department of Health did not follow the correct procedure when it approved changes to the machines, didn't test the software before it was approved and that the county prosecutor can't prove the software changes didn't affect test results.
hill@vindy.com