Fairfax Judge Dismissing DWI Cases

An article from this morning's Post reports on Judge Ian M. O'Flaherty, who has made it a policy in his Fairfax courtroom to dismiss drunk driving cases where the defendant's blood alcohol level was found to be .08 or higher on a breath test. O'Flaherty has said that he believes that the Virginia law that applies to these cases is unconstitutional because the law says that such defendants should be presumed guilty.

Update 10/28: Fairfax prosecuters have challenged the judge on this issue.

By  |  October 27, 2005; 10:28 AM ET  | Category:  Crime , Government , People
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