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March, which grants extended breath test discovery in all DUI breath test cases in West Virginia.
Be aware that the bigger the bonus you receive, the more you have to wager to unlock your free cash.The magistrate in the case below granted a myriad of extended discovery for the breath machine used on the case, including the download data, complete maintenance records, user and operators manuals, and information concerning how the simulator solutions were manufactured and tested.State ex rel Pamela Jean Games-Neely.However, before you get your hands on this free cash, you often have to gamble a specified amount. It could result in one of two things, either we look at the data and it shows nothing improper and it helps the states case, or it can show glaring problems with the states breath testing program.Why is the download data and other information important in DUI cases? What I do know, is that when this information was disclosed in Washington.C., it resulted in shutting down their entire breath testing program because of the errors that was found, impacting hundreds of DUI prosecutions. And for what reason?Its hard to say what a meaningful review of this information will show in West Virginia, but, the days of the state saying, heres your results, trust us, its correct are over.This ruling is the culmination of a long fight in which the state has opposed defense attorneys around the state in every attempt to gain access to the download data of the breath machines.
With this ruling West Virginia now comes into line with several other states who use the Intoximeter EC/IR II, all of which allow for expanded breath test discovery.Yesterday the states high Court released an opinion.An opinion was issued in the case in which West Virginia DUI attorney Jason Glass appeared before the West Virginia Supreme Court of Appeals back. We dont know what it will show, because we have never been allowed access to this information before.In a 5-0 per curiam decision by the Court, the Court ruled that in cases where the State intends to use test results of the Intoximeter EC/IR II to establish the defendants blood alcohol content, then the defendant has the right to challenge the States. Because the download data is a procedural history of sorts of the breath test machine where defense experts will get to take a meaningful look at the calibration inspections, when theyve exchanged their dry gas tanks, and a look at the fuel cell information. One gets to look at every aspect that goes into the breath test so when the state hands you that printer ticket with the results on it and say trust us you get a scrutinized and meaningful review of, often times, the most critical piece.If you have any other questions regarding breath testing in West Virginia, or just DUIs in general, make the clear choice and call the Glass Defense Firm today!
The Supreme Court held that all of this information is relevant and material in a DUI case where the State seeks to introduce the results of the Intoximeter.
What are they afraid it will show?
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