OXFORD — The Oxford judge who was disqualified from ruling on 10 drunk driving cases has asked the presiding judge of the Butler County Common Pleas Court to clarify his order.

Area I Court Judge Rob Lyons sent Judge Michael Sage a letter Wednesday telling him the OVI case he was handling for his private practice client was resolved in March.

“Since I, as an attorney, have no motions to suppress pending concerning the admissibility of Intoxilyzer 8000 results, am I still disqualified from the above listed cases?” he asked. “What about Intoxilyzer 8000 cases filed in Area I Court after the above listed cases but before your decision? What about Intoxilyzer 8000 cases filed in Area I Court after your decision?”

At issue is the fact that many criminal defense attorneys, including Lyons, have challenged the Intoxilyzer 8000 results. It is a device used by police to measure blood alcohol content. Lyons had a motion to suppress pending in Hamilton County that was identical to motions filed in Area I Court on OVI cases.

Sage ruled Tuesday Lyons was disqualified from ruling on suppression motions in 10 cases and turned the cases over to Area II Court Judge Kevin McDonough. Sage said people might see the situation as a conflict of interest. He also noted that the courts of appeals have yet to rule on the legal question the suppression motions include.

Prosecutor Mike Gmoser asked Lyons to step down from making that legal determination and he refused.

Lyons included in his letter the fact that a judge in Hamilton County Municipal Court has already ruled that the Intoxilyzer 8000 results must be suppressed, so Lyons would not be setting precedent with his decisions.

Gmoser said as far as he is concerned the case against Lyons is closed. Lyons isn’t considered a party in the motion to disqualify, so he can’t appeal Sage’s ruling.

“I’m satisfied with the court’s decision and I expect it to be acted upon by Judge Lyons,” he said. “As far as I’m concerned this case is over. Judge Sage is the last word on this and the last word has been spoken.”

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.