Jason Glass named as Top 40 Under 40 Trial Attorney in West Virginia!

Jason Glass of the Glass Defense Firm, has been named as one of West Virginia’s Top 40 Under 40 trial attorneys by The National Trial Lawyers.

The National Trial Lawyers: Top 40 under 40: is a new professional organization comprised of America’s top young trial attorneys.  Membership into the Top 40 under 40 association is by invitation only and is extended to those attorneys who exemplify superior qualifications, trial results, and leadership as a young trial attorney.  Mr. Glass’ qualifications was evaluated by The National Trial Lawyers, and an exclusive invitation was extended to him by the organization.

This honor goes to show you why Glass Defense Firm is the CLEAR choice in West Virginia for DUI defense and criminal defense.

DUI Checkpoint In Kanawha County

The West Virginia State Police and the Kanawha County Sheriff’s Department will be conducting a DUI checkpoint in Jefferson on Friday evening, May 3, 2013.  The checkpoint will begin at 8:00 pm and last until 2:00 am.  It will be located on U.S. 60 in front of the Value City Department Store.

If you have any questions concerning DUI’s in West Virginia, make the CLEAR choice and contact West Virginia DUI attorney Jason Glass of the Glass Defense Firm today.  (304) 933-9883.

WV Supreme Court Grants Extended Breath Test Discovery

An opinion was issued in the case in which West Virginia DUI attorney Jason Glass appeared before the West Virginia Supreme Court of Appeals back in March, which grants extended breath test discovery in all DUI breath test cases in West Virginia.

Yesterday the state’s high Court released an opinion in State ex rel Pamela Jean Games-Neely v. Joann Overington, Magistrate.  In a 5-0 per curiam decision by the Court, the Court ruled that in cases where the State intends to use test results of the Intoximeter EC/IR II to establish the defendant’s blood alcohol content, then the defendant has the right to challenge the State’s foundation for admitting the results, which includes the download data from the machine itself.

The magistrate in the case below granted a myriad of extended discovery for the breath machine used on the case, including the download data, complete maintenance records, user and operator’s manuals, and information concerning how the simulator solutions were manufactured and tested.  The Supreme Court held that all of this information is relevant and material in a DUI case where the State seeks to introduce the results of the Intoximeter.

Why is the download data and other information important in DUI cases?  Because the download data is a procedural history of sorts of the breath test machine where defense experts will get to take a meaningful look at the calibration inspections, when they’ve exchanged their dry gas tanks, and a look at the fuel cell information of the machine itself.  One gets to look at every aspect that goes into the breath test so when the state hands you that printer ticket with the results on it and say “trust us” you get a scrutinized and meaningful review of, often times, the most critical piece of evidence in a DUI case.

With this ruling West Virginia now comes into line with several other states who use the Intoximeter EC/IR II, all of which allow for expanded breath test discovery.

This ruling is the culmination of a long fight in which the state has opposed defense attorneys around the state in every attempt to gain access to the download data of the breath machines.  And for what reason?  What are they afraid it will show?  It could result in one of two things, either we look at the data and it shows nothing improper and it helps the state’s case, or it can show glaring problems with the state’s breath testing program.  We don’t know what it will show, because we have never been allowed access to this information before.  What I do know, is that when this information was disclosed in Washington D.C., it resulted in shutting down their entire breath testing program because of the errors that was found, impacting hundreds of DUI prosecutions.

Its hard to say what a meaningful review of this information will show in West Virginia, but, the days of the state saying, “here’s your results, trust us, its correct” are over.

If you have any other questions regarding breath testing in West Virginia, or just DUI’s in general, make the CLEAR choice and call the Glass Defense Firm today!

DUI Checkpoint in Huntington

The West Virginia State Police will conduct a DUI checkpoint in Huntington, WV on April 13, 2013, from 8:00 pm until 2:00 am.  The checkpoint will be located at the intersection of Fifth Avenue and 22nd Street.  An alternate location will be on U.S. 60 near the 29th Street exit of Interstate 64 in Cabell County.

If you have any questions concerning DUI checkpoints in WV, or if you or someone you know have been arrested at a DUI checkpoint, make the CLEAR choice and call West Virginia DUI attorney Jason Glass today, (304) 933-9883.

The Glass Defense Firm, the CLEAR choice for DUI Defense in West Virginia!

DUI Checkpoint Friday night in Boone County

The West Virginia State Police will be conducting a DUI checkpoint on Friday, March 29, 2013, from 9:00 pm until 3:00 am in Boon County.  The checkpoint will be located on US 119, south of the Danville/Madison exit.

Should you have any questions regarding the legality of DUI checkpoints in West Virginia, or if you or someone you know have been arrested at a DUI checkpoint in WV, make the CLEAR choice and contact Jason Glass of the Glass Defense Firm, (304) 933-9883.

DUI Checkpoint In Logan County

West Virginia State Police will be conducting a DUI checkpoint on Friday, April 5, beginning at 9:00 pm until 3:00 am.  The checkpoint will be located along West Virginia Route 119/26, Deskins Addition, Logan.

If you have any questions about DUI checkpoints, or are stopped at one, make the CLEAR choice and call West Virginia DUI attorney Jason Glass at the Glass Defense Firm today! (304) 933-9883.

West Virginia DUI Attorney Jason Glass Appears Before State Supreme Court

On March 5, 2013, West Virginia DUI attorney Jason Glass appeared before the West Virginia Supreme Court of Appeals to present a case which could impact hundreds if not thousands of DUI cases across the entire state of West Virginia.

The case dealt with whether or not the State has to produce the data which is downloaded from the breath machine, the Intoximeter EC/IR II, in any DUI breath test case.  It was argued that requiring the state to produce said evidence is the only way that a defendant can meaningfully challenge the results of the breath machine, most times the only piece of evidence use in a DUI case.  The data is not burdensome for the state to produce, it can be done in less than 20 minutes and put on a disc for defense counsel.  Moreover, most states that have litigated this issue have found that the defendant has a constitutional right to said evidence.  States such as South Carolina and Washington even place the download data online where any defense attorney or expert can view it.

There is really no good reason or argument for the state NOT to provide this evidence in a criminal case where a person’s liberty, job, home, etc. is in jeopardy.

We are hopeful that the West Virginia Supreme Court of Appeals will agree with our position and grant an Order requiring the State to produce all download data, maintenance records, and machine manuals in every DUI breath test case.  Stay tuned in the coming months for the decision.

Jason Glass Returns From Participating in Ohio Advanced DUI Seminar

I would like to thank the Ohio Association of Criminal Defense Lawyers for inviting me to participate in their Advanced DUI Seminar for the second straight year.  West Virginia DUI attorney Jason Glass was asked to serve as a instructor for their Trial Skills Training Workshop where we focused on voir dire and cross examination techniques.

Governor Tomblin Pushing for More Testing On DUI’s Involving Drugs

It seems that the Governor is pushing new legislation in both the house and the senate to give police more weapons to use when dealing with DUI’s involving the use of drugs.

http://www.register-herald.com/statenews/x1633484796/Tomblin-proposes-expanded-drug-testing-on-roads

The troubling thing with this article is that the emphasis is put on drugs being in your system, rather than you being impaired by the drugs.  People taking prescription medications are a prime example of instances where drugs do not normally impair them when taken as prescribed.  These individuals take the medication not to feel high, but to function normally like the rest of us.  This whole article is skewed towards a bright-line rule of if any drugs are in your system then you are impaired.  Something that science proves is not the truth.

If you or anyone you know is accused of driving under the influence of drugs in West Virginia, make the CLEAR choice and call the Glass Defense Firm today!

Hundreds of Drug Cases to Be Dismissed in Raleigh County

News has broken in Beckley this week that the prosecuting attorney will be dismissing any drug-related cases involving evidence kept in the property room of the Beckley Police Department in the past 15 months.  Kristen Keller, Raleigh County Prosecuting Attorney, has admitted that police notified her that in some drug cases there were drugs missing from evidence.

During a press conference, Beckley Police Chief Tim Deems stated that the technician responsible for the evidence room at the Beckley Police Department went on medical leave late last week.  The problem was discovered last week and an inventory of evidence for all cases is being conducted.

The first case effected was dismissed Wednesday morning.  This has the ability to effect hundreds of cases, and not just cases that are currently pending, but also those which have resulted in convictions or guilty pleas over the last 15 months.

The reason that so many cases can be compromised is due to the fact that the chain of custody of the evidence has been broken.  The chain of custody of evidence is essential in order to convict a person.  The state has to be able to prove beyond a reasonable doubt that the item of evidence is what they say it is.  If the evidence system has been breached, then the state cannot prove that the particular item has not been tampered with or even switched.  This is particularly important when dealing with drug cases where they state must be able to prove that the drugs are in what they contend they are.  Who is to say now that the drugs have not been tampered with?

Unfortunately, this type of incident is not uncommon around the country.  Everyday I read headlines about police evidence being tampered with or crime labs falsifying evidence.  I do have to commend Ms. Keller for bringing this situation to light and not trying to sweep it under the rug as it seems it is commonly done around the country.

Keep watching our site for updates to this situation as they arise.