Commonwealth v. Kurtz

By Judge Robert P. Doherty, Jr.

The Defendant is before the Court on a de novo appeal of her driving under the influence charge. After the presentation of ore tenus evidence, Defendant moved to exclude the certificate of analysis and dismiss the case, arguing that the breath-testing device was not tested for accuracy in accordance with the relevant statutes and regulations. The Commonwealth contends that the equipment was tested and found to be accurate.

The certificate of analysis, filed pursuant to § 18.2-268.9, Code of Virginia (1950), as amended, recites that the equipment was tested and…