State v. Johnson
2013 Ohio 440
Ohio Ct. App.2013Background
- Stopped for excessive speed; odor of alcohol noted; Breath test with Intoxilyzer 8000 yielded BAC .103; Charged with OVI and BAC under Ohio statutes; Johnson moved to suppress claiming the device must be scientifically reliable; Trial court granted suppression after finding State must prove general reliability before trial; State appealed challenging threshold reliability requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must the State prove general reliability of the Intoxilyzer 8000 before admitting breath-test results? | State argues Vega allows challenging only specific test results. | Johnson contends trial must determine threshold admissibility of the device's reliability. | No; the court held the State may be required to prove general reliability as a threshold admissibility issue. |
| Whether Vega bars threshold reliability challenges and confines proof to the specific test results? | State relies on Vega to avoid general reliability proof. | Johnson asserts threshold reliability is permissible to challenge before trial. | Vega permits challenge to specific test results, but threshold reliability may still be required depending on the circumstances. |
| Did the trial court violate due process by requiring reliability evidence before admitting the breath test results? | State argues no due process violation given gatekeeping authority. | Johnson argues due process requires consistent evidentiary standards; trial court acted as gatekeeper. | Court found no due process violation; trial court acted within gatekeeping discretion. |
Key Cases Cited
- Vega, 12 Ohio St.3d 185 (1984) (establishes threshold admissibility framework and defender's right to challenge specific results)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) (Daubert standard for reliability of scientific evidence adopted by Ohio Supreme Court)
- State v. Mayl, 106 Ohio St.3d 207 (2005) (describes 4511.19(D)(1) as three-paragraph gate-keeping statute; trial court governs admissibility thresholds)
- State v. Boczar, 113 Ohio St.3d 148 (2007) (recognizes limits of judicial power vs. legislative delegation on evidentiary rules)