Here’s some interesting news from the state of Virginia…Today the Virginia General Assembly voted to drop a legal requirement that prosecutors prove that breath machines in DUI cases have been tested and are accurate. They also established a timetable for defendants to challenge scientific evidence.
Lawyers in Virginia now have to notify a defendant at least 28 days before trial that they intend to use a scientific analysis of alcohol, drugs, DNA, blood or other evidence. The defendant then has 14 days to object to prosecutors’ use of an analysis without a testifying witness.
If the defense objects, prosecutors must present the analyst in court as a witness. If the defense doesn’t object, the paper analysis can be introduced without live testimony.
This means that the results of a breath test or a blood test in a DUI case can be used as evidence without an expert witness in court if the defense doesn’t notify the prosecution of an objection.
Typically in a DUI case, expert witnesses are called in by the prosecution to talk about breath tests, chemical tests, field sobriety tests, accident reconstruction, and other scientific aspects of being under the influence.
Source: Washington Post
If you’ve been arrested for a DUI in San Diego, contact an experienced attorney to help you with your case.
2 responses so far ↓
Michael A. Loftus // August 26, 2009 at 1:49 am |
This is very interesting. It seems as if they are obstructing justice though. What happens if the machines are not accurate or become deranged and the defense can’t use that as an argument? I don’t like the sound of this even though I’m totally against DUI. I hope defense attorneys in Virginia are bringing up this topic to their state legislators! Innocent until proven guilty right?
dui in san diego // October 27, 2009 at 7:23 am |
That a very good point. I wonder how faulty equipment will effect drunk driving cases. Letting guilty people walk, while innocents get in trouble?