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Home / News Stories / Breath – Test Kicked Out On Grounds Of Reliability (access required)

Breath – Test Kicked Out On Grounds Of Reliability (access required)

For years, some Virginia prosecutors have beat back motions to suppress in DUI cases by simply citing the results of preliminary breath tests. They have used Stacy v. Commonwealth, 22 Va. App. 417 (1996), a case that says that while the results are barred from use during a prosecution under Virginia Code Sect. 18.2-267, a breath ...

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