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Fairfax County General District Court and other Courts in Northern Virginia Have Precluded Breath Certificates from Coming into Evidence Under the New Supreme Court Case of Melendez-Diaz
July 12, 2009
Topic: Drug Crimes
As discussed elsewhere on this blog, on June 25, 2009, the United States Supreme Court decided the case of Melendez-Diaz. As predicted, the case has become a significant tool in helping defense attorneys defend DWI, DUI, Drug, and other cases in Virginia. In the days and week following the release of the decision, judges in Northern Virginia, including Fairfax County/Tysons Corner, have excluded the admissibility of certain certificates based upon the Supreme Court's holding in Melendez-Diaz case. If you have a pending DWI, DUI, Drug, or any other case where the evidence includes a certificate of analysis or affidavit, the case could be used to defend your case.
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