November 19, 2010
Seminar on New Breath Testing Machines Coming in 2011
~ written by Cleve Johnson
A few cases involving the new breath testing machines have already been filed in Franklin County and more are on the way. Will you be up to speed when the first Intoxilyzer 8000 case comes your way? You don’t want to tell your clients that you can’t fight the test only to have them learn that other lawyers are doing just that.
The regulations are different for the new machines and you don’t even find the logs in the same place. Defense attorneys contend that there are a number of problems with the new machines. Learn why some states have rejected the machines Ohio is getting. On the other hand, the Ohio Department of Health has approved them. Hear both the defense and the Ohio Department of Health perspective on the new machines on November 30. There will be a two part OVI seminar with three credit hours in the morning and three in the afternoon. More details can be found here.
The new machines have been used in watercraft arrests for some time. One of the speakers, attorney Terrence Rudes from Port Clinton, has dealt with a number of 8000 cases in the context of watercraft arrests. In addition to covering the above issues, the morning session will also include a case law review, and an explanation of the impact of the new discovery rule in OVI cases. A review of the impact of HB 338 (eff. 3/17/10) on driver’s license will also be presented. Other speakers in the morning session will be Dennis Evans, Shawn Dominy, Cleve Johnson, Jeff Meadows (Butler Co), Steven Adams (Cincinnati), John Kucmanic (Ohio Department of Health), and Tim Huey.
Almost half the municipal court bench will take part in the afternoon session. Judge VanDerKarr will discuss the use of mental health and drug courts in OVI cases. Judge Taylor will present a segment on professionalism, and Judges Dorrian, Glaeden, Pollitt, Salerno, Taylor, Tyack, and David Kennedy will take part in a panel discussion with remarks concerning the new machines and other matters concerning the court in OVI cases. Attendees are invited to participate in a discussion between the bench and the bar regarding issues that arise in motion hearings in OVI cases.
Robert Cohen will speak on how to avoid immigration related pitfalls such as the possibility of immigration consequences for offenses as seemingly inconsequential as driving under suspension. Richard Cline will present an ethics segment and Mickey Prisley will attempt to top his superlative presentation last year on substance abuse.