29 October 2005

Judge and DUI Unconstitutionality

You'll recall that I discussed this in my last full length lawcast.

A judge in Fairfax general district court is not allowing the presumption of guilt from the DUI statute. When I commented upon this I was reacting what I had seen published and RUMINT. I said the judge is right in ruling this unconstitutional but wrong in dismissing cases solely because of it. Well, it appears that he's not dismissing cases out of hand. According to this WaPo article, he's just making the prosecutors prove their case without the presumption of guilt. Of course that's a terrible thing if you're MADD or don't believe in the constitution.

Reactions here, here, here, here, & here.

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