A client recently disclosed to me – after our case was over- that another attorney the client had spoken with said there was no fight, the judge would not believe the story, and jail time should be expected.
We convinced the judge to dismiss the case.
Every Ignition Interlock violation should be viewed with an eye of skepticism. Ignition Interlocks are not perfect science and are unreliable indicators of alcohol consumption without another reliable scientific test. However, ASAP and the Ignition Interlock providers don’t seem to WANT you to have a secondary scientific test because it would show that their money-making machine is fallible. My client received violations for the following Ignition Interlock results:
May 2018 0.031 that did not clear within 15 minutes
September 2018 0.031 that did not clear within 15 minutes
December 2018 0.044 that did not clear within 15 minutes
February 2019 0.055 that did not clear within 15 minutes
Doesn't look good, does it? The client also informed me there were other lock-outs (thereby triggering a $50+ fee to the Ignition Interlock provider for each false lockout), and the client hadn’t consumed any alcohol since the DUI conviction. Another important point is that my client submitted to a number of EtG (Ethyl Glucuronide) tests through an ASAP Treatment provider, many of which were taken a day or two after these Ignition Interlock “Violations.”
We issued a subpoena duces tecum to the Ignition Interlock company and received a response of over 500 pages. After a careful review of the records we learned that there were over 15 lock-outs and at least 10 other false positives over a 6-month period! I used my prior training to notice that the metabolic rates of alcohol metabolism were unrealistic for consumed alcohol.
For trial in this matter we were prepared to lodge as many as three difference arguments. (1) The Ignition Interlock device itself was faulty and prone to false positives given the vast number of lock-outs that were not alcohol and conceded by ASAP; (2) the negative EtG tests proved that my client did not consume any alcohol on at least two of the alleged violations; and, (3) the rate at which alcohol dissipated from my client while attempting to ‘clear’ the Ignition Interlock was not metabolically possible.
And for the final knife in the Commonwealth’s case against my client? We brought a Department of Forensic Science Toxicologist to testify for the defense. Clients are often at a monetary disadvantage when compared to the Commonwealth of Virginia’s purse for prosecuting cases. So, using the Commonwealth’s own witness was the most fiscally conservative and convincing to the court.
In the end, we argued the alcohol dissipation rate. The Commonwealth’s Toxicologist opined for my client that the Ignition Interlock data was physically impossible for a human. After two separate hearings and over two hours of trial, the case was dismissed. My client did not go to jail, the Ignition Interlock period was not extended, the client was reinstated into ASAP, and the Ignition Interlock was finally removed from the vehicle.
If you are facing an Ignition Interlock or ASAP Good Behavior violation, then don’t settle for a lackluster investigation. I will investigate and implement the possible attacks on the case and will pursue the case in your best interests. Call me now for a free consultation- Brian M. Latuga, (757) 687-3657.
Not every case is the same, and all have numerous factors that must be analyzed. By no means is this a full legal analysis of Ignition Interlock law. This short article is not legal advice nor should it be considered legal advice. The sole purpose is to shed some light on Ignition Interlock and ASAP Good Behavior violations.
