Posted: March 2, 2012
As a Cincinnati injury lawyer I have seen how drunk drivers cause personal injury car accidents and wrongful deaths. Do not let them get off on a technicality. If they are let off its likely that they will drive drunk again and cause a car accident injury or death. A Greater Cincinnati lawyer is asking Judge Rob Lyons to throw out breath-test results based on the fact that test records were changed by the Ohio department of health in their data base. State health department's Mary Martin who insists the only changes that were made was in how the records are labeled for clarity, and not the information they contained. So it appears that the results were not changed and as far as I can tell from the reporting, and nothing of substance that would affect the accuracy of the tests were changed. Former Hamilton Count prosecutor Mike Allen , now a criminal defense lawyer and "commentator" for channel 19 was quoted on Fox 19 web site as stating, "The state has to demonstrate that the procedures were followed and there are records that document those procedures and if those records were altered in anyway that's an issue." To me that comment is so general as to be insignificant, but appears to tacitly support keeping the breath tests out on a technicality. But if they did not effect the evidence why should DUI drivers that cause accidents be let off. Statistic show that in 2007 386 deaths occured in accidents where one driver had at least a BAC of .08% There were 19,155 arrests in Ohio in 2007 for driving under the influence. It's important to know that what goes on in a criminal case may or may not impact the civil case where the injured party brings an injury claim against a drunk driver. If you were injured by a drunk driver my suggestion is to contact an experienced personal injury car accident attorney.
