T. Kevin Wilson Makes the News Following Completion of Training on New Breath Alcohol Testing Machine

Our very own T. Kevin Wilson among the first Virginia attorneys to complete training course on the new ECIR II breath alcohol testing machine being used in Virginia.  Wilson attended the course with a handful of DUI defense attorneys across the nation in an effort to further his knowledge in the DUI arena.  Wilson was previously certified on the Intoxilyzer 5000, Intoxilyzer 8000, S-D2, S-D5 and 400 breath testing machines. 

Supreme Court decision requires Constitution be upheld in DUI / DWI and Drug cases!

The June 25, 2009 Melendez-Diaz decision by the Supreme Court of the United States is a huge step in the right direction for Virginia criminal defense, particularly in cases involving DUI / DWI and drug offenses.  This decision confirms loudly and clearly that the state can not rely on affidavits to prove the case.  Virginia DUI / DWI and drug offenses have long been prosecuted using certificates of analysis (affidavits) indicating a blood alcohol content, or that a tested substance was marijuana, cocaine, etc., without actually bringing any witnesses to court to testify.  This decision does not necessarily mean there will be more dismissals of DUI / DWI or drug cases in Virginia, but it unquestionably upholds the right of the accused, as contained in the Sixth Amendment to the United States Constitution, to confront the witnesses against him - a right which courts acknowledge has at times been disregarded for the sake of making it more convenient to prosecute DUI / DWI and drug cases.  

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