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State ex rel. Pamela Games-Neely v. Joann Overington, Magistrate

Case Conclusion Date: 04.22.2013

Practice Area: DUI and DWI

Outcome: Lower court's ruling affirmed.

Description: The defendant in the case below, Seidell, moved the magistrate court for expanded breath test discovery on the Intoximeter EC/IR II. Defendant requested, among other things, to be provided with all of the downloaded data from the machine, all maintenance records, and all operating manuals for the machine. The magistrate granted this motion and the State filed a writ of prohibition in the Circuit Court of Berkeley County, which was denied. The State then appealed that decision to the West Virginia Supreme Court of Appeals. The Supreme Court ruled that in cases where the state seeks to introduce evidence of the results of a breath test, that the defendant is entitled to challenge those results and the test's foundational requirements. In doing so, the defendant is entitled to be provided the download data from the machine, maintenance records, and operators manuals.

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