Capitol Briefing
Copyright 2008
Thursday, August 28, 2008 12:41 PM

Retiring Rep. Vito Fossella's (R-N.Y.) defense team believes he will be able to beat the rap on charges stemming from his drunk-driving arrest back in May, but it needs just a wee bit more time to prove their case. Fossella's trial was scheduled to begin this morning in Alexandria General District Court, but the proceedings have been delayed until Oct. 17 as his lawyers seek more evidence that they hope will allow them to challenge the accuracy of the breathalyzer machines that showed their client well-above Virginia's legal limit. The New York Times reports that Fossella attorney Barry Pollack had issued a subpoena to the Virginia Department of Forensic Science for information on the machines that were used to test Fossella. The GOP lawmaker failed a field sobriety test when he was pulled over in Alexandria the night of April 30 after a night out on the town in D.C.