The trial of New York Rep. Vito Fossella — who was arrested for alleged drunk driving — has been postponed until October, FOX News confirmed Wednesday.
Fossella, whose vehicle was pulled over by police on May 1 for suspicion of driving while intoxicated, was expected to be at Alexandria Municipal Court in Virginia on Thursday.
Instead, the congressman's trial has been postponed until Oct. 17.
Upon arresting Fossella, police measured his blood-alcohol level at .17 — well beyond the legal limit.
But Fossella's attorney Barry Pollack told FOX News Wednesday that he questions the machine used to record Fossella's blood alcohol level. Pollack said he asked the Commonwealth of Virginia for maintenance and calibration records about the machine months ago, but did not receive them until last Friday. And the records were incomplete, he added.
Pollack told FOX News that his client was taken to two different police stations — including one in Fairfax County, Va. — and was administered three breathalyzer tests before finally blowing the .17 measure.
The arrest of Fossella — who is married with three children — unveiled an apparent double life for the New York lawmaker. It was later revealed that he had a daughter out of wedlock with a former military liaison to the House who lives in Virginia.
Questions also abound over whether Fossella and the military liaison spent taxpayer funds to take at least one overseas trip together.
The House Ethics Committee said it will wait until the trial to probe Fossella.
FOX News' Chad Pergram contributed to this report.