Blog

Supreme Court decision requires Constitution be upheld in DUI / DWI and Drug cases!

The June 25, 2009 Melendez-Diaz decision by the Supreme Court of the United States is a huge step in the right direction for Virginia criminal defense, particularly in cases involving DUI / DWI and drug offenses.  This decision confirms loudly and clearly that the state can not rely on affidavits to prove the case.  Virginia DUI / DWI and drug offenses have long been prosecuted using certificates of analysis (affidavits) indicating a blood alcohol content, or that a tested substance was marijuana, cocaine, etc., without actually bringing any witnesses to court to testify.  This decision does not necessarily mean there will be more dismissals of DUI / DWI or drug cases in Virginia, but it unquestionably upholds the right of the accused, as contained in the Sixth Amendment to the United States Constitution, to confront the witnesses against him - a right which courts acknowledge has at times been disregarded for the sake of making it more convenient to prosecute DUI / DWI and drug cases.  

    Have you been arrested for a DUI / DWI in Virginia?

     For critical information you need to know,
     Get our FREE CONSUMER GUIDE!



The Wilson Law Firm is located in Manassas, Virginia and serves the entire Commonwealth of Virginia.  Call us today for a no obligation consultation at 1-888-DUI-LWYR (888-384-5997).

Labels: dui DUI Lawyer dwi DWI lawyer Melendez-Diaz Supreme Court decision Supreme Court of the United States united states constitution virginia dui law Virginia DUI lawyer