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 in Harrison County Thursday, July 19

The Harrison County Sheriff’s Department will conduct a DUI checkpoint from 7:00 pm until 11:00 pm Thursday night, July 19, in Nutter Fort. The checkpoint will be on Route 20, Buckhannon Pike, in Nutter Fort. Alternate routes to avoid the checkpoint will be Nutter Street or Pennsylvania Avenue.

If you have any questions concerning DUI checkpoints in West Virginia, contact Harrison County DUI attorney Jason Glass at (304) 933-9883. The Glass Defense Firm, the CLEAR Choice for Criminal Defense in West Virginia.

DUI Checkpoint in Kanawha County Thursday, July 19

The St. Alban’s Police Department, working along with the Kanawha County Sheriff’s Department and the West Virginia State Police, will be conducting a DUI checkpoint Thursday night, July 19, from 7:00 pm until 1:00 am in St. Albans, at the intersection of Kanawha Terrace and Green Valley Drive.

If you have any questions regarding the legality of DUI checkpoints in West Virginia, contact West Virginia DUI attorney Jason Glass of the Glass Defense Firm at (304) 933-9883. The Glass Defense Firm, the CLEAR Choice for Criminal Defense in West Virginia!

West Virginia DUI Attorney Jason Glass Recognized by Super Lawyers

We are pleased to announce that West Virginia DUI Attorney Jason Glass has been named to the West Virginia Rising Stars list as one of the top up-and-coming attorneys in West Virginia for 2012.  Mr. Glass was recognized in the area of DUI defense and was the only DUI attorney from the state named to the prestigious Rising Stars list.  Furthermore, Mr. Glass was one of only two DUI attorneys in the entire State of West Virginia recognized by the publication.  Each year, no more than 2.5 percent of the lawyers in the state receive this honor.  The selection for this respected list is made by the research team at SUPER LAWYERS.

SUPER LAWYERS, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

The 2012 West Virginia RISING STARS list is published in SUPER LAWYERS magazine and the February 2012 issue of CHICAGO magazine.  For more information about super lawyers, visit superlawyers.com.  You can also view Mr. Glass’ Super Lawyers profile at http://www.superlawyers.com/west-virginia/lawyer/Jason-M-Glass/75d5901d-d7ec-446d-bd20-9df456751188.html.

WV DUI Attorney Jason Glass Appears Before State Supreme Court

DUI Attorney Jason Glass appeared this morning before the West Virginia Supreme Court of Appeals in the case of Mark Thompson v. West Virginia DMV.

The case centered around a Second Offense DUI arrest.  Mr. Thompson entered a no contest plea in Berkeley County Magistrate Court and the WV DMV subsequently revoked his license without affording him a hearing on his case.

According to West Virginia law, a no contest plea does not constitute a conviction.  Therefore, the DMV has no conviction to base a revocation on and must afford the individual a chance to be heard at a hearing prior to revoking their license.

The DMV is mistakenly relying on another statute, dealing with establishing the test and lock program in West Virginia, claiming that gives them the authority to automatically revoke a person’s license, without a hearing, if they are a subsequent offender and enter a no contest plea.

This case can potentially effect hundreds of people accused of DUI in West Virginia.  While we are cautiously optimistic on the outcome, stay tuned in the coming months for the official decision.

If you have any questions regarding DUI offenses in West Virginia, make the Clear Choice and contact DUI attorney Jason Glass at 304.933.9883.

 

 

Forensic Tests Are Flawed

The Justice Department has found that defendants were left uninformed after flaws were found in the forensic testing that was instrumental in charging or convicting them of crimes.

http://www.washingtonpost.com/local/crime/convicted-defendants-left-uninformed-of-forensic-flaws-found-by-justice-dept/2012/04/16/gIQAWTcgMT_story.html?wprss=rss_crime.

This illustrates why it is so important for criminal defense attorneys to take the time and learn the science behind these tests and the correct testing procedures and protocol. These flaws are not limited to just DNA tests or hair sample analysis, but are prevalent as well in breath and blood testing in DUI cases.

This is where attorney Jason Glass has a leg up on some of the other criminal defense attorneys in West Virginia. Mr. Glass has a bachelor’s degree in biology and thus has an understanding of the science and procedure used in many forensic tests. During his undergraduate years, Mr. Glass focused on molecular biology, and recombinant DNA technology in specific. He has conducted several DNA tests, some of the processes similar to those used by forensic labs. Mr. Glass is also 1 of only 2 attorneys in the entire state to receive training on the Intoximeter EC/IR II, the breath machine used in the state of West Virginia.

So if your case involves blood testing, breath testing, or any other type of forensic analysis, contact Jason Glass today. He’s the CLEAR choice for criminal defense in West Virginia.