A member of the General Assembly, speaking on condition of anonymity, told the Associated Press last night that Gov. Tim Kaine will call a special session of the legislature today to deal with the problems created by the U.S. Supreme Court case of Melendez-Diaz v. Massachusetts. In that case, the high court, citing Sixth Amendment concerns, held generally that lab technicians will need to testify in person in drunken driving cases; the defendant has the right to confront an accuser directly under the Sixth Amendment.
One Fairfax circuit judge already has based a DUI dismissal on Melendez-Diaz, citing the commonwealth’s failure to produce the witness who conducted a BAC test on a drunken-driving defendant.
– Paul Fletcher