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Attestation binds Virginia breath technicians in DUI cases

Attestation clauses (AC's) need to be signed by breathalyzer machine operators to effectuate the Virginia law that gives prosecution-friendly meaning to such testing. Virginia Code §§ 18.2-268.9, 19.2-187, and 19.2-187.1. As a Fairfax DUI lawyer, I religiously check the certificate of analysis for whether the...

Squeezing Gold from Breathalyzer Data for Virginia DUI Defense

Squeezing beneficial data from breathalyzer / Intox EC/IR II data is what I do for all Virginia DUI defense cases. As a Fairfax DUI lawyer, I have repeatedly experienced the benefits of doing so. Analyzing and deconstructing this DWI breath testing data at first blush...