The Virginia Lawyers Weekly newspaper published two articles on the last days of the Intoxilyzer 5000 in Virginia. The first article titled "Last gasp for breath test machine?" featured several attorneys who were attacking the reliability of the Intoxilyzer 5000, including Richmond VA DUI Lawyer Bob Battle. This article mentioned Battle's DUI case in Fairfax County where he was able to get a judge to order that his expert electrical engineer be allowed to examine the machine. ( See Fairfax VA agrees to Reduce DUI charge hours before Court Ordered Intoxilyzer Inspection.)

The second Virginia Lawyers Weekly article, "Commonwealth replaces Intoxilyzer machines" reported on the efforts of other attorneys following Bob Battle's lead and who succeeded in getting the Fairfax Intoxilyzer 5000 machines tested. According to the article, Fairfax lawyer Scott Surovell reported that:
"not one of the four available Intoxilyzer machines was able to analyze a breath sample during the court-ordered testing. He said one machine showed the presence of substances that interfered with the test. The other machines either were already out of service or were too unstable to provide a reading."

Richmond VA Drunk Driving Lawyer Bob Battle's words thus appear to be prophetic. When asked by the Virginia Lawyers Weekly about the Intoxilyzer 5000, Battle predicted:
Battle compares the Intoxilyzer 5000 to the seemingly all-powerful Wizard of Oz. “Once they roll back that curtain, they’re going to find this machine is not the perfect machine they make it out to be,” he said. “It’s really an outdated contraption.”

Bob Battle
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100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
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