State v. Tagliaferri
2013 Ohio 549
Ohio Ct. App.2013Background
- State appeals a municipal court ruling suppressing Intoxilyzer 8000 breath test results.
- Tagliaferri challenged admission of breath test; court ordered State to prove general reliability per Vega and Johnson precedent.
- Court held the State must prove general reliability of the device as a threshold admissibility issue.
- Intoxilyzer 8000 approved by director of health; Vega prohibits general attack but permits challenges to specific test results and operator qualifications.
- Matter remanded for a full hearing on admissibility addressing other issues raised in the suppression motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court may require general reliability evidence for an approved breath test device. | State argues Vega bars general reliability attack and device is generally reliable. | Tagliaferri argues trial court may gatekeep and require general reliability proof. | Reversed and remanded for new hearing on admissibility. |
Key Cases Cited
- Vega v. State, 12 Ohio St.3d 185 (1984) (general attack on intoxilyzer reliability prohibited; but specific challenges allowed)
- Tanner v. State, 15 Ohio St.3d 1 (1984) (defendant may challenge specific test results; not general procedure validity)
- Boczar v. State, 113 Ohio St.3d 148 (2007) (courts may consider substantial compliance in evidentiary procedures; judiciary not encroached)
- Mayle v. Ohio, 106 Ohio St.3d 207 (2005) (gate-keeping role of trial court in admissibility of bodily-substance tests)
- Massie v. Revolution Software, null (null) ((placeholder))