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Thursday, August 11, 2005

A Virginia Judge Rules: Drunken Driving Laws Unconstitutional

Update: WSET has released more information about this article on their website.

WVEC in Hampton Roads is reporting:

Lawyers across Virginia are taking notice. A judge in Fairfax has ruled Virginia's drunken driving laws are unconsititutional. His actions may prompt challenges around the nation.

District Judge Ian O'Flaherty rulings do not establish any formal precedent, but will provide defense lawyers a new tool in arguing their cases. His contention is that the idea of presumptions about intoxication from blood tests is in direct conflict with presumptions of innocence. Last month he has dismissed two cases on these grounds. To read more go to WVEC in the Hampton Roads.


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