Virginia Dui Certificate Of Analysis Admissibility Lawyers Attorneys

Virginia DUI Certificate of Analysis Admissibility Lawyers Attorneys

by

Atchuthan Sriskandarajah

WILLIAM LEWIS STROUPE v. COMMONWEALTH OF VIRGINIA

Supreme Court of Virginia

August 28, 1974

Factual Background:

Convicted by a jury of operating a motor vehicle under the influence of intoxicants,

Defendant

asserted that the circuit court erred in admitting into evidence a certificate reflecting the results of a breathalyzer test to which he consented, absent evidence to show that the chemical analysis of his breath was valid or that the test had been conducted in accordance with the procedures and standards required by Va. Code Ann. 18.1-55.1 (1973).

Issue:

Whether the certificate was properly admitted into evidence?

Observation and Holding:

There was evidence on the face of the certificate that the test was performed by an operator licensed by the Commissioner. Precisely what type of machine and methods had been approved does not appear from the record. Absent proof of the standards approved, there could be no proof of noncompliance with those standards, and defendant’s allegations, even if true, were insufficient to negate the inference of

compliance

. Furthermore, Code 18.1-55.1(s) (Cum. Supp. 1973) provides that the standards imposed “are procedural in nature and not substantive”; that “[substantial] compliance therewith shall be deemed to be sufficient”; and that “[failure] to comply . . . shall go to the weight of the evidence and shall be considered as set forth above with all the evidence in the case, provided that the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedure or any part thereof, and that as a result his rights were prejudiced.”

The court held that the certificate was properly admitted into evidence.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia,

Maryland

, Massachusetts, New York, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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