Attorney Tom Turbeville successfullly prevented his client from spending a mandatory ten days in jail after having been arrested for DUI. The client was initially charged under 18.2-266 and 18.2-270, DUI, with an enhanced breath alcohol level. He faced a mandatory minimum ten days in jail due to his Breath Alcohol Level of 0.21 per cent.
Through his pretrial investigation, Attorney Turbeville discovered that the arresting officer was not the officer who performed the breath analysis. Because of this, Mr. Turbeville investigated further and obtained a jail surveillance video, a critical piece of evidence. The video revealed that the breath analysis was not performed pursuant to the Division of Forensic regulations. Specifically, the video showed that the officer did not observe the defendant for the required twenty minute observation period.
As a result of this uncovered evidence, Attorney Turbeville introduced the video at trial and argued to suppress the breath test results. The Judge granted his motion and his client was able to avoid the mandatory ten day jail sentence.