Rogue Judge Throws Out DWI Cases, Citing Unconstitutionality

And speaking of activist judges, a Judge in Fairfax County, Virginia has been throwing out drunk-driving cases because he believes the current law is unconstitutional, the Washington Post is reporting today. Judge Ian M. O'Flaherty insists Virginia's DWI law unfairly deprives defendants of their constitutionally afforded presumption of innocence if breath tests indicate a blood alcohol content of .08 or higher. O'Flaherty said the burden of proof has been shifted from the prosecution to the defense. As you'd imagine, prosecutors are pissed, and not in the drunken-Englishman way.

Maverick N.Va. Judge Tosses Out DWI Cases That Presume Guilt [The Washington Post]

Related:
Welsh Officials Order Bad Driver's Cars Destroyed [internal]