WV DUI Breath Test Discovery Now Available

If You Submit To the WV DUI Breath Test After Arrest, You Can Now Get the Download Data From the Breath Machine

Yesterday afternoon, I received a phone call from the West Virginia Supreme Court of Appeals to advise that our State’s high court had affirmed 5-0, unanimous, State of West Virginia ex rel. Pamela Jean Games-Neely v. The Honorable Joann Overington, that I was privileged to argue before the high court back on March 5th to a packed house at the WVU College of Law.

What this now and forever means West Virginia way, and hopefully in turn other such dark ages states, that any citizen accused of driving under the influence anywhere in the state of West Virginia, who submits to breath testing post arrest, shall be entitled to the (ec/ir ii) download data, along with the accompanying maintenance records and that of a copy of the operation and training manuals.

-Probably the proudest call and day of my 16+ year career, and true and genuine treat to be able to share with you folks.

Much thanks to my colleague, ncdd member, and good friend, Jason Glass, who penned an amazing brief and who was with me step by step over the past two years that this fight for a level playing field has taken. And a similar shout of mad appreciation for one of our nation’s finest breath test experts and scientists, Mary McMurray, who gave effortlessly her time and attention to helping me mount this fight –and to whose affidavit and wording is littered throughout the high court’s opinion. No way no how could have achieved this result without Jason and Mary’s help. Sincerest of thanks and appreciation to each.

..Last night, I was reflecting on that first NACDL DUI seminar I attended in Vegas in 2000. I was recalling walking out of the classroom that first day and seeing a booth set-up that had National College for DUI Defense on it, and how I approached, chatted for a bit with all around, grabbed a brochure and membership application and thereafter submitted when I got back home.

From that moment through yesterday has been one of the coolest journeys of my life period. Notwithstanding the dear life-long friendships established since, but that of over 40+ seminars attended, hundreds of hours of training from coast to coast, with knowledge and training in tow, that allowed yesterday's news to ever be possible. ..For my career would not remotely be where it is today without the College and the so very special and talented folks that comprise it.

So, a big salute to the College. This one is your victory every bit as much as Jason, or Mary or mine.

A true and genuine treat to share with you, my friends and learned colleagues.

And no matter, what my good friend, Joe St. Louis, may tell you, I did pay attention a time or two during all those seminars over the years! 

Go DUI Defense!