BAY RIDGE — As Congressman Vito Fossella, 43, sorts out his personal affairs and pursues his congressional work, his lawyers are preparing a defense in court. They will challenge the accuracy of intoxication measuring devices used to determine Fossella’s alcohol consumption at the time of his arrest in the early hours of May 1.

The congressman, with a planned innocent plea, is questioning two separate breathalyzer machine readings that showed that his alcohol intake was twice Virginia’s legal limit. The congressman case contends that the machine was faulty due to its age.

If the court rejects his defense arguments at the June 27 hearing in Alexandria, he faces a mandatory five-day-long jail sentence. Fossella allegedly ran a red traffic light, and he was pulled over and given the breath test by police.

After the Virginia court decision, the five-term congressman, in office since 1997, also faces a House Ethics Committee investigation. If he is found to have acted unethically by that subcommittee of the House Committee on Standards of Official Conduct, possible penalties include fines, a reprimand, congressional censure, or, in the worst case scenario, being expelled from Congress.

Fossella’s supporters have cited his record in Congress and help to Bay Ridge. These include his fight to keep Victory Memorial Hospital, Fort Hamilton Army Base and the Veteran’s Hospital from closing, and his support for tax cuts, the armed forces, veterans, senior citizens, and national security. They also mention his recent success in getting a security fence along the 65th Street railroad valley by the Towers of Bay Ridge to stop it from continuing to be a homeless haven.

— Harold Egeln

© Brooklyn Daily Eagle 2008 All materials posted on BrooklynEagle.com are protected by United States copyright law. Just a reminder, though -- It’s not considered polite to paste the entire story on your blog. Most blogs post a summary or the first paragraph,( 40 words) then post a link to the rest of the story. That helps increase click-throughs for everyone, and minimizes copyright issues. So please keep posting, but not the entire article. arturc at att.net