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Archives
Judge Orders Defense Expert to Examine Breath Testing Machine in DWI Case
July 01, 2009
Topic: DWI & DUI
A Fairfax County/Tysons Corner General District Court Judge recently granted a motion to allow a defense expert to examine the Intoxilyzer machine previously used to measure a defendant's blood alcohol level after his DWI arrest. At issue was the fact that the machine had been repaired and replacement parts, including a chopper motor, had been used to repair the machine. The use of aftermarket parts to repair aging breath testing machines, arguably, calls into question their accuracy and validity.
The machine at issue in this case is machine number SN 68-001538. Although Virginia has transitioned to new machines, there are still cases in the system that involve the old breath machines. Anyone charged with DWI should immediately check to determine whether their case involves such a machine. Absent a defense attorney who will obtain the necessary records, and has the capacity to spot and understand any potential problems with the records, the issue will be overlooked.
For more information, explore the other posts on this blog and visit our main website. You can also contact Manikas Law LLC by calling 703-873-7473 or 888-503-8075, or contact us by email by visiting the Contact Us page on this blog and submitting a confidential message. We offer a free, no obligation consultation by former prosecutor Kyle G. Manikas. We service Fairfax County/Tysons Corner, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), Arlington County, Alexandria, and other parts of Northern Virginia.
