NYTimes on Fossella's court date delay

So Fossella is fighting his DWI instead of helping pass legislation to support the troops, nothing new. New York Times is running an article on the most recent court delay and more stall tactics from Fossella.

Barry J. Pollack, Mr. Fossella’s lawyer, said he had numerous questions regarding the reliability of the breath analysis machine, made by CMI Inc. of Owensboro, Ky.

He said he had issued a subpoena to the Virginia Department of Forensic Science to get materials related to the machine that was used for Mr. Fossella. The state has responded in part, but Mr. Pollack said more information was needed.

The Times nicely points out what may be a bigger issue for Fossella. He failed breath analysis tests on two different machines. Both times he was well over the legal limit.

At the time of Mr. Fossella’s arrest, law enforcement officials said he had been tested on two different breath analysis machines, which produced different readings.

The arrest report said Mr. Fossella failed several sobriety tests on the street, including a preliminary breath test on which he registered a blood alcohol level of 0.133 percent. After he was arrested, he recorded a level of 0.17 percent on another machine. The legal limit in Virginia, as in most states, is 0.08 percent.