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The latest on Melendez-Diaz

A couple of new developments on the Melendez-Diaz front have appeared this week.

A Norfolk Circuit Court has ruled on defense lawyer Andrew Sacks’ Melendez-Diaz challenge to Va. Code § 19.2-187.02, the Virginia statute that lets in a hospital blood alcohol screen that showed a driver’s .13 BAC after a two-fatality auto accident. Sacks is defending the driver against involuntary manslaugter charges.

And in Charlottesville, a circuit court denies a claim that using DMV records to prove a driver was an habitual offender violates a defendant’s Sixth Amendment rights under Melendez-Diaz. The case is Commonwealth v. Carter (VLW 010-8-126).
By Deborah Elkins

One comment

  1. Another Defense Attorney

    It’s about time somebody did something about the ridiculous computer-generated certification of DMV records. The Commonwealth goes to court with a record “certified” by someone who has never laid eyes on it. What a farce!

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