City of Columbus v. Day

Defendant appeals his conviction for operating a motor vehicle while having a prohibited concentration of alcohol in his breath. The concentration had been measured by an intox-ilyzer machine.

During the course of his trial on this per se violation, defendant sought to introduce the testimony of a chemist concerning intoxilyzers, and to have the expert give his opinion, in response to a hypothetical question, that defendant could not have tested as high as was indicated by the city, had the intoxilyzer been operating properly. At the urging of the city, the trial court excluded the proffered…