State of West Virginia ex rel. Pamela Jean Games-Neely v. The Honorable Joann Overington

Harley O. Wagner

Case Conclusion Date:April 22, 2013

Practice Area:DUI / DWI

Outcome:Affirmed - Unanimous, 5-0

Description:The central issue before the WV Supreme Court of Appeals was whether or not a citizen accused of DUI in WV, who submits to breath testing post arrest, shall have access to the machine he/she blew into, including the download data of the machine, along with maintenance records and manuals accompanying, or not. The State high court ruled on April 22, 2013, in a 5-0 unanimous decision that "yes", a citizen accused shall have meaningful access to the breath machine used against him/her and upon request these discovery items shall provided. *The machine is designed to produce this information and is basically the only way any technician or breath test expert / scientist can truly review the proper functionality of the machine at the time the sample was submitted, and thus the credibility of the offered BAC #. Many are calling it the single biggest case on behalf of the citizen accused in the history of WV DUI Laws. And without question, the proudest day of Harley Wagner's 13+ year career as a WV DUI Defense Attorney.

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