East News
Viewing comments for:
Va. Judge Dismisses Drunk Driving Cases as Unconstitutional
East News • October 17, 2005
A Fairfax County judge who believes Virginia's drunken driving laws are unconstitutional has resumed his practice of dismissing all DWI cases brought into his court, leaving prosecutors unable to ...
Insurance Journal is not responsible for the content of the message below.
| Subject | Posted By | Posted On |
|---|---|---|
| dismiss D.W.I. charges ! | Marcus | Jul 17, 2009, 6:11 pm |
| RE: dismiss D.W.I. charges ! | Bob | Dec 22, 2007, 3:42 pm |
| RE: : DUI Judge | JoJo | Nov 28, 2007, 3:46 pm |
| RE: Sandstrom v. Montana | whatever | Aug 16, 2007, 1:22 pm |
| RE: RE: Wow...what's next? | jojo | Jul 3, 2007, 4:39 pm |
| RE: Wow...what's next? | JoJo | Jul 2, 2007, 6:31 pm |
| RE: RE: JUI | jb samuel | Dec 17, 2005, 2:50 am |
| a few comments | N.Va. defense lawyer | Oct 31, 2005, 2:46 pm |
| RE: Sandstrom v. Montana | Allison | Oct 24, 2005, 5:47 pm |
| Sandstrom v. Montana | J.D. | Oct 22, 2005, 6:38 am |
| RE: Still missing the point | George | Oct 19, 2005, 9:01 am |
| Still missing the point | Chris | Oct 19, 2005, 7:40 am |
| RE: RE: RE: JUI | Virginia | Oct 18, 2005, 3:17 pm |
| RE: RE: JUI | rate maker | Oct 18, 2005, 1:38 pm |
| RE: JUI | Edward Priz | Oct 18, 2005, 10:46 am |
| RE: dismiss D.W.I. charges ! | Mike Perin | Oct 17, 2005, 6:05 pm |
| RE: RE: RE: A bigger Problem Exists - What??? | Chris | Oct 17, 2005, 2:47 pm |
| RE: RE: A bigger Problem Exists - What??? | Mary | Oct 17, 2005, 2:02 pm |
| RE: A bigger Problem Exists - What??? | Chris | Oct 17, 2005, 12:59 pm |
| RE: dismiss D.W.I. charges ! | FMKELLER | Oct 17, 2005, 12:35 pm |
| RE: A bigger Problem Exists | FMKELLER | Oct 17, 2005, 12:33 pm |
| RE: DUI Judge | FM KELLER | Oct 17, 2005, 12:30 pm |
| DUI Judge | Jimbo | Oct 17, 2005, 11:53 am |
| What a Moron | Christian | Oct 17, 2005, 11:40 am |
| Wow...what's next? | Arthur Ciszek | Oct 17, 2005, 11:39 am |
| What's in a name | Cut the Crud | Oct 17, 2005, 11:39 am |
| A bigger Problem Exists | Ray | Oct 17, 2005, 10:48 am |
| RE: dismiss D.W.I. charges ! | Rate Maker | Oct 17, 2005, 9:49 am |
| dismiss D.W.I. charges ! | William M Dikant | Oct 17, 2005, 5:46 am |
| Back to article | ||
Subject: Sandstrom v. Montana
"No state . . . shall deprive any person of life, liberty, or property without due process of law."
Due process requires the government to prove EACH and EVERY element of the crime charged beyond a reasonable doubt.
Any presumption, whether it is conclusive or rebuttable, in a criminal proceeding that relieves the government of its burden of proof or shifts the burden to the defendant to rebut the presumption is UNCONSTITUTIONAL. See Sandstrom v. Montana, 442 U.S. 510 (1979).
http://laws.findlaw.com/us/442/510.html
If the state law makes it a crime to drive under the influence and establishes a presumption that .08 BAC is presumed to be under the influence, the law is unconstitutional.
If the state makes it a crime to drive with a .08 BAC or greater--there is no presumption and consequently, no constitutional infirmity.
It appears the LEGISLATURE should rewrite the law to make it constitutional. It's an easy fix.