Well, we’re back to the drinking and driving issue, but this time we’re headed to nearby Fairfax County, VA, where a judge there is throwing out DWI cases because of a presumption of guilt going into the trial. Virginia law says that driving are intoxicated if they test higher than .08 BAC, and that places an unfair burden on the plaintiff in the case.
So, essentially, he’s chucking the cases out because of the bad law. Of course, lots of people are up in arms over this, as it fails to punish someone for doing something society has deemed to be an offense punishable by prison time, hefty fines and suspended drivers’ licenses. MADD nearly burst a gasket when they found and we hear that they’re still just sitting in their chairs, rocking back and forth for comfort. And Judge O’Flaherty has also threatened to jail prosecutors when they attempt to argue their position on the charges and the law, which is problematic since it’s their job to prosecute violations of the law as they’re recorded on the books and put there by legislators.
Which is the stronger prescription, though? The Fifth Amendment, which protects people from self-incrimination, and the state law regarding alcohol content and testing?
This post appeared in its original form at DC Metblogs
I live and work in the District of Columbia. I write at We Love DC, a blog I helped start, I work at Technolutionary, a company I helped start, and I’m happy doing both. I enjoy watching baseball, cooking, and gardening. I grow a mean pepper, keep a clean scorebook, and wash the dishes when I’m done. Read Why I Love DC.
