Virginia lawmakers turn the heat up on DUI Issue
Posted on:8/20/2009
Written By: Chris Robideaux
| Fair jurisprudence and due process in DUI cases has apparently taken a leave of absence in Virginia. The Virginia General Assembly voted Wednesday to drop a legal requirement that prosecutors prove that breath machines in drunken driving cases have been tested and are accurate. |
Fair jurisprudence and due process in DUI cases has apparently taken a leave of absence in Virginia. The Virginia General Assembly voted Wednesday to drop a legal requirement that prosecutors prove that breath machines in drunken driving cases have been tested and are accurate. Also, lawmakers there have established a timetable for defendants to challenge scientific evidence in criminal cases. An "emergency bill" on the docket is intended to "ease the burden on state analysts" according to sources. The emergency changes to state law will be effective as soon as Gov. Timothy M. Kaine (D) signs the bill.
The legislation emerged from a special session convened by Kaine to address a U.S. Supreme Court ruling in June that threw Virginia's criminal justice system into an uproar. The Supreme Court, in the landmark Melendez-Diaz v. Massachusetts case, ruled that certificates of analysis, such as drug examinations or blood alcohol tests, are subject to cross-examination under the constitutional right to confront one's accuser. Simply submitting a piece of paper was not sufficient, the court said.
Defense attorneys began demanding that the state's 43 drug examiners appear in court to testify about their analyses and that prosecutors subpoena the three technicians who calibrate all of the state's breath-testing machines as well. When the examiners or technicians couldn't appear, judges sometimes threw out the cases.
So much for the burden of proof being on the accusers, for now. Be sure to watch for this to become a hot button debate, as many breathalyzers and blood alcohol testing machines have been found to be faulty in the past.
Call 1-800-Kick-DUI if you have questions regarding your drunk driving case, or are in need of competent representation. Our DUI lawyers are in your corner when a DUI charge has visited you.