New Bill Presumes Innocence in DUI Cases…Expected to Fail

Posted by Lawrence Taylor on April 12th, 2009

I've posted ad nauseum about the disappearance of our Constitutional rights in drunk driving cases.  See The DUI Exception to the Constitution.  One of the more notable examples is the disappearance of the presumption of innocence.  See  Whatever Happened to the Presumption of Innocence?.  Typical of this is the automatic license confiscation and suspension by the arresting officer.  See Due Process and Automatic License Suspensions.

What if they tried to pass a law reinstating this Constitutional right?


Bill Would Presume Innocence in Drunk Driving Cases

Park Rapids, MN.  Apr. 11 – Many states suspend constitutional presumptions of innocence when it comes to drunken driving arrests.  Minnesota is no different.

If you are arrested for DWI in Minnesota, your license can be suspended or revoked within days of your arrest, even before you go to court on the actual criminal charges…

The intent is to crack down on drunken drivers immediately and get them off the state’s highways.

 A bill currently working its way through the Minnesota House of Representatives seeks to restore due process and a presumption of innocence to drivers arrested on suspicion of drunk driving. It would mandate a conviction on the criminal charges before the driver could lose his or her license. Currently, that process typically begins within seven days of the initial arrest…

The defense bar maintains Breathalyzer equipment has repeatedly been found to give false or inaccurate readings, and those are the types of issues drivers should be able to challenge in a court trial. Meanwhile, they’re already lost their privilege to drive…

The House bill, with a companion Senate bill, stands little chance of passing, opponents and political observers say.


Innocent until proven guilty?  Sounds subversive.  MADD would never approve…
 

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