Legal Opinion

United States v. Foster

District Court, W.D. Virginia

Decided November 4, 2011No. Case No. 7:11-po-00100PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

MICHAEL F. URBANSKI, District Judge.

Defendant David L. Foster (“Foster”) was charged with speeding on the Blue Ridge Parkway and a violation of 36 C.F.R. § 4.23(a)(1), which prohibits operating or being in actual physical control of a motor vehicle while under the influence of alcohol to a degree that renders the operator incapable of safe operation.1 A trial *357was held on April 20, 2011. At trial, Foster moved to dismiss the DUI charge, objecting to the introduction of two government exhibits: (1) Government Exhibit 1 (“Ex. 1”), the Certifícate of Instrument Accuracy for the…

2Cases cited20 opinions

  1. Crawford v. WashingtonSupreme Court of the United States · 2004
  2. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  3. Bullcoming v. New MexicoSupreme Court of the United States · 2011
  4. United States v. William P. Reilly, United States of America v. John Patrick DowdCourt of Appeals for the Third Circuit · 1994
  5. United States v. VidacakCourt of Appeals for the Fourth Circuit · 2009

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3Cited by4 opinions

  1. United States v. Carly AhlstromCourt of Appeals for the Fourth Circuit · 2013
  2. United States v. WebbDistrict Court, S.D. West Virginia · 2013
  3. Jonathan Rhett Butler, Administrator of the Estate of Marcia Butler, deceased v. Clarks Americas, Inc. and C. & J. Clark America, Inc.District Court, W.D. Virginia · 2026
  4. United States v. KingDistrict Court, W.D. Virginia · 2012

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