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Home / Opinion Digests / Traffic Offenses – DUI – Mandatory Presumption – Due Process Claim (access required)

Traffic Offenses – DUI – Mandatory Presumption – Due Process Claim (access required)

A defendant's DUI conviction is affirmed despite his claim that his due process rights are violated by the presumption contained in Va. Code Sect. 18.20-266, as interpreted by this court in Davis v. Commonwealth, 8 Va. App. 291 (1989), and by Code Sect. 18.2-269's creation of a mandatory presumption. On March 24, 2005, defendant was involved ...

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