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

Traffic Offenses – DUI – Mandatory Presumption (access required)

A defendant's DUI conviction is reversed despite his claim that Virginia's DUI statutes, Va. Code Sects. 18.2-269 and 18.2-270, are unconstitutional because they create a mandatory presumption, shifting the burden of persuasion to defendant. In this case defendant asks us to find the presumption provision of Code Sect. 18.2-269 unconstitutional. Essentially, defendant complains that the trial ...