When Fossella was arrested in Virginia for drunk driving earlier in May, police
reported his blood-alcohol content to be more than twice the legal limit of the
state. Now, the accuracy of the machine used to test his blood-alcohol level
could be a critical part of his case against the charge.
According to The Daily News, Fossella’s
attorneys are building a defense around problems with the specific model of
breathalyzer used.
The paper reported that on two different machines that night, Fossella’s
blood-alcohol level registered different levels. His blood-alcohol content
registered at a higher level on the second machine.
Reportedly, the Congressman’s legal team has subpoenaed files from the maker of
the breathalyzer in order to highlight a pattern of problems. One file that
will aid their argument is a Virginia
government report from last year which called the machines “unstable and
unreliable.”
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