A sworn statement used to be enough to validate DNA, drug or drunk driving evidence in court.
But, a recent supreme court ruling changed that - now, the person who conducted the test has to testify.
Ten percent of all DUI arrests in Virginia are made in Virginia Beach
But, the beach's Commonwealth Attorney Harvey Bryant says his office is finding it more and more difficult to put drunk drivers behind bars, because of a recent Supreme Court ruling.
"Anyone who says they think we ought to have all these live witnesses in all these cases...doesn't really know what they're talking about."
Back in June, the Supreme Court ruled that the person who performs a DNA, drug or breathalizer test must be in court to testify against the defendant.
"Several judges in Virginia Beach now require that in every DUI case they hear the person who calibrated the breathalizer to test the drunk driver be present in court to testify the breathalizer worked" says Bryant
Because of that Virginia Beach says 2 DUI cases already had to be dropped and another had to be reduced to a reckless driving charge.
"There only exist 3 people in the state of Virginia that do the calibrations..."
"if all 120 jurisdictions, which we have in Virginia, suddenly have to start subpeoning those 3 people, which amount to about 25,000 DUI's a year, then obviously we're not going to get those people here for all those cases"
Forensic scientists who test DNA and drugs are also being run ragged. More than 900 were asked to be in court in July alone - that's up from just 43 in July of last year - which is backing up courts and forcing cases to be continued for months or even dismissed.
"Its a question now of how much money the state is willing to spend, which means you and I as tax payers are willing to spend, to provide multiple dozens more lab technicians who have to run all over the state testifying when this was never necessary before"
Governor Kaine has called a special session next week, so Virginia leaders can try and clarify the law.
Harvey Bryant says he expects legislators to change a few of Virginia's statutes concerning evidence used in trials - as a quick fix - until the full session starts in January.
But, a recent supreme court ruling changed that - now, the person who conducted the test has to testify.
Ten percent of all DUI arrests in Virginia are made in Virginia Beach
But, the beach's Commonwealth Attorney Harvey Bryant says his office is finding it more and more difficult to put drunk drivers behind bars, because of a recent Supreme Court ruling.
"Anyone who says they think we ought to have all these live witnesses in all these cases...doesn't really know what they're talking about."
Back in June, the Supreme Court ruled that the person who performs a DNA, drug or breathalizer test must be in court to testify against the defendant.
"Several judges in Virginia Beach now require that in every DUI case they hear the person who calibrated the breathalizer to test the drunk driver be present in court to testify the breathalizer worked" says Bryant
Because of that Virginia Beach says 2 DUI cases already had to be dropped and another had to be reduced to a reckless driving charge.
"There only exist 3 people in the state of Virginia that do the calibrations..."
"if all 120 jurisdictions, which we have in Virginia, suddenly have to start subpeoning those 3 people, which amount to about 25,000 DUI's a year, then obviously we're not going to get those people here for all those cases"
Forensic scientists who test DNA and drugs are also being run ragged. More than 900 were asked to be in court in July alone - that's up from just 43 in July of last year - which is backing up courts and forcing cases to be continued for months or even dismissed.
"Its a question now of how much money the state is willing to spend, which means you and I as tax payers are willing to spend, to provide multiple dozens more lab technicians who have to run all over the state testifying when this was never necessary before"
Governor Kaine has called a special session next week, so Virginia leaders can try and clarify the law.
Harvey Bryant says he expects legislators to change a few of Virginia's statutes concerning evidence used in trials - as a quick fix - until the full session starts in January.
