Thursday, Butler County Assistant Prosecutor Donald R. Caster filed motions seeking to have Butler County Area Court Judge Robert H. Lyons disqualified from presiding over approximately ten pending OVI/DUI cases.
Caster alleges that Lyons' obligations as a part-time judge conflict with his practice as a private defense attorney similar cases. At issue in the cases are whether the alcohol breath testing Intoxilyzer 8000, is a reliable and accurate indicator of blood alcohol content. Issues with the Intoxilyzer 8000 have already been raised in several Ohio courts, as discussed in a previous post.
Caster argued that, because these are the first court challenges to the use of evidence gathered with the Intoxilyzer 8000, if Lyons ruled in favor of the defendants in the cases he presided over, he would later be required to cite his own decision in support of his cases as a private defense attorney.
Regardless of the outcome of this case, the turmoil in Ohio's courts regarding the use of Intoxilyzer 8000 evidence rages on. It is only a matter of time before the opponents of the Intoxilyzer 8000 seize upon one of these cases to petition the Ohio Supreme Court for a ruling on the issue.
The experienced attorneys of DiCaudo, Pitchford & Yoder have extensive experience defending against OVI/DUI charges. If you have been charged with OVI/DUI in Ohio, a knowledgeable Criminal Attorney from DiCaudo, Pitchford & Yoder may be able to get your case dismissed. For legal advice or information, contact, the attorneys at DiCaudo, Pitchford & Yoder today.