Monday, August 29, 2005

new look on dui's from VA

In Fairfax, VA, Judge Ian O'Flaherty ruled that at least two DUI cases must be dismissed based on his reading of Francis v. Franklin, 471 U.S. 307 (1985). The gist of the decision is that the presumption that someone who has blown a .08 is intoxicated. This allows the State to skip one of the elements in their case in chief. In the Francis case the S. CT stated that was not constitutional for the State to get a freebee.


Blogger Ken Lammers said...

Not just one of the elements. Once a prosecutor gets that BAC certificate into evidence the law presumes guilt.

9/07/2005 3:38 PM  

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