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.

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