Fossella Will Try to Question Reliability of DWI Test

Representative Vito Fossella may not be ready to fight for re-election to the House, but he will try to fight a DWI conviction: Fossella's defense lawyer "subpoenaed files" from the maker of the Intoxilyzer 5000, a device whose findings have been challenged before.

Fossella was found with a blood level alcohol of 0.17, twice the legal limit, in Alexandria, VA. The scandal grew when the media wondered who the woman who picked Fossella up from the police station was and the married Fossella was forced to admit it was his girlfriend with whom he had a love child.

The Daily News looked at the Alexandria police records, which stated that Fossella initially "tested at 0.13 in a field sobriety exam and he failed a dexterity test." Then the cops took Fossella to a neighboring county for the Intoxilyzer test (the one in Alexandria wasn't working). A number of cases involving Intoxilyzer results have been tossed out (see here and here) ; a lawyer said, "Fossella has a chance of winning. This equipment is over a decade old."

If Fossella is convicted, there will be a mandatory five day jail sentence. And this weekend, Fossella let his girlfriend do the driving.

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Comments (4) [rss]

The Intoxilyzer 5000? Some bartender needs to turn that into a drink as quickly as possible. "I'll take an Intoxilyzer please. Wait, better make it a double--an Intoxilyzer 10,000."

Yeah, is it the Pimpbot 5000's friend? Pimpbot 5000: "I am a Pimpbot. It is within my program to turn out all the hos."

He looks like a girl's softball coach.

should be questioning the condoms too, there goes the ol' love child defense. As I recall they were kicked out of the D.C bar for being such sloppy drunks. Sleeping in the restroom, falling over tables etc. Yeah the breathalizer probably was faulty. He's be a perfect cell-mate for Nick Hogan, they could both chill out and read the secret like the Hulkster suggested.

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