OVI conviction reversed
John Syx was convicted of Operating a Vehicle Under the Influence (OVI) after he was caught speeding down Wayne Avenue in Dayton, Ohio. But the Second District Court of Appeals of Montgomery County just reversed his conviction because Judge Pickrel erred when he allowed into evidence, over objection by his criminal defense lawyer, blood test results showing Syx had a BAC of 0.11 percent.
Judge Fain wrote for the Court of Appeals that the State has "the burden of establishing a foundation for the admissibility of the test results at trial, and Syx has a constitutional right to cross-examine the witnesses in order to challenge their credibility, the methodology employed, and any other factors that might affect the weight to be given to the test results. The State's failure to call [the phlebotomist or the toxicologist] at trial deprived Syx of his constitutional right to confront those witnesses
The Court of Appeals cited Melendez-Diaz v. Massachusetts (2009), __ U.S. __, 129 S.Ct. 2527, and you can read the decision by the Second District Court of Appeals here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.
