DWI/DUI Cases Have Been Thrown Out on New Legal Technicality
Originally posted: July 22, 2009
Updated: September 30, 2009
The U.S. Supreme Court ruling of Melendez-Diaz v. Massachusetts places more of a burden on prosecutors in criminal cases to produce live witness testimony to support scientific/laboratory reports during trial. This ruling directly has an impact on DWI/DUI cases which are classified as a criminal offense in Virginia and will require breathalyzer technicians and/or other individuals associated with the alcohol breath exam to provide live testimony in trial to support the contents of a blood alcohol concentration (BAC) certificate.
Watch this video for an explanation of the case of Melendez-Diaz v. Massachusetts and what the U.S. Supreme Court had to consider prior to issuing their opinion on June 25, 2009.
Governor Tim Kaine called a special session on August 19, 2009 of the General Assembly in Virginia to address the problems that this new U.S. Supreme Court ruling imposes on prosecutors in Virginia. Several DWI/DUI cases have already been thrown out of court in Fairfax County due to the challenges made when only a blood alcohol concentration certificate was produced without a witness. With Virginia’s current budget shortfalls, a reasonable solution to this problem may take years to implement. In the meantime, some drivers charged with DWI/DUI could possibly receive a get out of jail free card when their lawyers successfully challenge this new legal technicality or the prosecution fails to provide the witness.
The Parrish Law Firm is experienced with defending Virginia drivers charged with serious traffic offenses such as DWI/DUI. If you are charged with DWI/DUI in Virginia, contact The Parrish Law Firm for a free and confidential case analysis.
The Parrish Law Firm
10620-C Crestwood Drive – Manassas, Virginia 20109
(571) 229-1800
Related posts:
- Can the Results of Field Sobriety Tests be Thrown Out of Court?
- Miranda Warning Are Not Always Required In DWI Cases
Tags: bac, blood alcohol concentration, breathalyzer, burden, certificate, Diaz, DUI, DWI / DUI, general assembly, governor, live, Massachusetts, Melendez, prosecutor, session, special, supreme court, technician, testimony, tim kaine, Virginia, witness
