Fairfax VA Judge Orders Inspection of DUI Breath Machine

Fairfax County General District Court Judge Ian O’Flaherty ordered that a defense expert would be allowed to examine the Intoxilyzer machine used to take samples of a defendant’s breath. The lawyer for the defendant, Richmond Virginia DUI Lawyer Bob Battle, who was the first lawyer to convince a Virginia judge to allow inspection of a retired Intoxilyzer machine, became the first DUI defense lawyer to convince a judge to allow inspection of a Intoxilyzer breath machine that was still in service.
The issue in the Fairfax County case also revolves around the fact that numerous replacement parts, including a replacement chopper motor, were used in repairing and maintaining this particular machine. To read a detailed analysis of the issues and arguments, go to Goochland Virginia DUI Breath Machine to be Tested by Defense Expert. The machine in question in the Fairfax County case is Intoxilyzer 5000 number SN 68-001538.
COMMENT FROM DUI LAWYER BOB BATTLE- If you have a pending Fairfax County DUI and the Breath Machine was SN 68-001538, make sure you hire a lawyer who is aware of and able to argue this issue on your behalf. Battle, a former Fairfax County prosecutor, wrote the Consumer Guide “How to Choose a DUI Lawyer in Virginia.” Part 2 of the book lists 20 specific examples of issues lawyers miss that could win your case or get the charge reduced. To obtain a free copy of this Consumer Guide, click “How to Choose a DUI Lawyer in Virginia.”