The Talking Lion

Saturday, August 13, 2005

Something We Can All Agree With...

This has got to rank up there with the stupidest decisions in the history of the federal judicial system. I mean, we're talking Plessy v. Ferguson stupid. Here's what we got:

A district judge has ruled that key components of Virginia's drunken driving laws are unconstitutional, citing a decades-old U.S. Supreme Court decision.

The state law presumes that someone with a blood alcohol content of 0.08 or higher is intoxicated, denying their right to a presumption of innocence, Judge Ian O'Flaherty ruled in dismissing charges against at least two alleged drunken drivers last month...

Patrick O'Connor, president of the northern Virginia chapter of Mothers Against Drunk Driving, said the decision "undermines the efforts of the police and prosecutors to enforce the DWI laws, puts drunk drivers back behind the
wheel and potentially denies justice to victims of drunk drivers."

O'Flaherty declined to comment; rulings in District Court are made orally so there is no written ruling outlining his rationale.

Del. David Albo, a defense lawyer, said he sees no difference between a presumption of intoxication at 0.08 and a presumption of speeding at 80 miles per hour.

"So far not a single judge in Virginia has ruled the same way," he said. "It's just one judge."



Yeah, let's make it as difficult as possible to catch people driving drunk. Registering a .08 isn't enough evidence to prove that someone was intoxicated. You can drive drunk as many times as you want, and not worry about having to go to jail until they bring up those manslaughter charges after you hit another car and kill someone. Fantastic.

These are the kind of judicial activists people should be concerned about. As if drunk drivers aren't enough of a problem in this country (According to data from the National Highway Traffic Safety Administration (NHTSA), in 2004, 16,694 people were killed in alcohol-related crashes - an average of one almost every half-hour. See more statistics here), this jerkface has to make it harder than ever to make drunk drivers face the consequences.

I mean, it could be worse. He could be one of those judges that help gay people get married. Ewwwwwwww.

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