Cincinnati v. Ilg (Slip Opinion)

{¶ 1} The city of Cincinnati appeals from a judgment of the First District Court of Appeals that affirmed a trial court order to exclude evidence obtained from an Intoxilyzer 8000 breath-analyzer machine as a sanction for the failure to comply with a discovery order directing the Ohio Department of Health (“ODH”) to provide Daniel Ilg with its computerized online breath archives data, also known as “COBRA data,” consisting of information transmitted by the machine to ODH for each breath test it performed.

{¶ 2} In accordance with R.C. 4511.19(D)(1)(b), ODH approved the Intoxilyzer 8000 as a…