Maverick N.Va. Judge Tosses Out DWI Cases That Presume Guilt

"A Fairfax County judge who believes Virginia's drunken driving laws are unconstitutional has begun dismissing cases, including five DWI cases in a week, and has threatened to throw a veteran prosecutor in jail for arguing with him."

"Judge Ian M. O'Flaherty made it known in July that he felt Virginia's DWI law unfairly deprived defendants of the presumption of innocence if breath tests showed that they had a blood alcohol content of .08 or higher, levels at which people are presumed to be intoxicated."

"As it does in all states and the District, Virginia's drunken driving law states that, for anyone with a .08 or higher reading on a breath test, 'it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense.'"

I would definitely say that I agree with Judge O'Flaherty, there is a persumption of guilt inherently held when it comes to suspected incidents of DWI. In addition the notion of forced breath tests or immediate persumption of guilt is absurd.

- adam