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DUI law ruled unconstitutional
TimesDispatch.com ^ | today | Matthew Bakarat

Posted on 08/12/2005 11:36:01 AM PDT by Rodney King

McLEAN -- A Fairfax County judge has ruled that key components of Virginia's drunken-driving laws are unconstitutional, citing an obscure, decades-old U.S. Supreme Court decision that could prompt similar challenges nationwide.

Virginia's law is unconstitutional because it presumes that an individual with a blood-alcohol content of 0.08 or higher is intoxicated, denying a defendant's right to a presumption of innocence, Judge Ian O'Flaherty ruled in dismissing charges against at least two alleged drunken drivers last month.

As a district judge, O'Flaherty's rulings do not establish any formal precedent, but word of the constitutional argument is spreading quickly among the defense bar. Every state has similar presumptions about intoxication at a 0.08 blood-alcohol level, so defense lawyers across the nation are likely to make similar arguments....

(Excerpt) Read more at timesdispatch.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Virginia
KEYWORDS: 1fortheroad; alcohol; drunkbastards; dui; fairfaxcounty; good; onlyhad1; ruling; woohooletsdrink
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To: Rodney King
LOL!!!

Virginia's law is unconstitutional because it presumes that an individual with a blood-alcohol content of 0.08 or higher is intoxicated, denying a defendant's right to a presumption of innocence, Judge Ian O'Flaherty ruled in dismissing charges against at least two alleged drunken drivers last month.

You can't make this stuff up, but I'll try.

Afterwords the judge was heard to say, (in your best Irish accent) "Well now lads, what say we tip a pint or two of stout to celebrate the end of the day."

Best Regards Sergio

41 posted on 08/12/2005 12:19:41 PM PDT by Sergio (If a tree fell on a mime in the forest, would he make a sound?)
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To: Rodney King
Another drunken federal judge making stuff up. There is a presumption of innocence unitl the evidence proves that the is a blodd alcohol level in excess of .08. The presemption of innocence into probably cause when the observer sees unsteady gait, slurred speech, and smells alcohol. The the observer administers any on of a number of objective tests to confirm.

This decision is so irrational that the perp involved must be black, a minority or related to himself.

42 posted on 08/12/2005 12:20:11 PM PDT by Tacis ("Democrats - The Party of Traitors, Treachery and Treason!")
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To: Hank Rearden
DAMM - Drunks Against Mad Mothers.


43 posted on 08/12/2005 12:20:19 PM PDT by unixfox (AMERICA - 20 Million ILLEGALS Can't Be Wrong!)
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To: Sloth

WHAT ABOUT THESE PEOPLE!!

ARE THEY CRIMINALS AS YOUR POSITION STATES????

YES OR NO



ILLINOIS DUI DEFENSE CASES ILLINOIS CRIMINAL DEFENSE CASES

Hyperlinking widget for 1-800-Dial-DUI and dialdui.com

To: Don Ramsell:

I just wanted to "Thank You" again for making it possible for my son to get on with his life. I have watched him straighten out his life and now he has a chance.

When everything looked hopeless, you were still there fighting for us, win or lose. Even when it took six prosecutors against one, you kept on protecting us. You must love your profession because you are so good at it. Without you, a "Not Guilty" verdict would not have been possible.

I will never forget you!

A satisfied Ramsell, Armamentos & Klis client





Don,

"Awesome" What else can I say! Professional and confident at every at every meeting. My daughters thank you, as do I!

Bill - A satisfied Ramsell, Armamentos & Klis client





Don,

I don't know how to thank you for all your help with my case so i thought this small "Thank You" might help explain how i feel. When everything looked so helpless just having you in my corner helped because I knew all the time if anyone could help me it would be you and only you.

I do hope I will never have to see you again in court and i am sure you wish the same thing of me. You have made a big difference in my life and i will never forget it.

You are the best!

Joe- A satisfied Ramsell, Armamentos & Klis client





Gentlemen,

Lynn and I would like to thank you for your expertise during Lynn's court appearances and especially during his jury trial. You really came through for us. We will be happy to pass your name on to anyone who may need an excellent lawyer!

Thanks again and again,

A satisfied Ramsell, Armamentos & Klis client





Don,

Thank you again for saving my life.

Bob - A satisfied Ramsell, Armamentos & Klis client




Don

There are no words which could adequately express how grateful I am for what you did for me. My job was on the line with my license - which means the very life which I made for myself over the past several years was on the line.

I interviewed “9" lawyers before finding you - this included past judges- past DA’s- our company attorney’s recommended lawyer and more (past police officers) - you by far are the only one that made me feel confident. You showed yourself to be a man of intelligence and experience from day 1.

As you know I also have my first son as of last April - my ability to drive is more important than I ever thought possible and you are the reason I am driving.

God Bless Don. - A satisfied Ramsell, Armamentos & Klis client





Thank you ... so much.

If you chose to hire Don Ramsell as your attorney for DUI - you are getting the best attorney in Illinois! He won my trial before the first witness even finished testifying. He knows these laws inside and out and he misses nothing. One again.

God Bless Don Ramsell

John - A satisfied Ramsell, Armamentos & Klis client




Dear Mr.. Ramsell,

Vern and I would like to sincerely thank you for your efforts today. We realize many unethical attorneys would have tried to drag it out.

So thanks again for getting us the dismissal. We will highly recommend you to anyone in need of any attorney.

Sincerely

- A satisfied Ramsell, Armamentos & Klis client




Dear Don,

We’d like to thank you for all your work, time commitment and patience in handling Jim’s case. We are all pleased with the outcome and hope this is the start of a good time in life for Jim.

Thanks again,

Sincerely,

Bob, Mary and Jim - A satisfied Ramsell, Armamentos & Klis client




Dear Don,

I just wanted to send you a note letting you know how incredibly grateful I am to you for all that you did for John! We had interviewed several lawyers but when we came to your office and talked to you, I felt confident that if someone were going to be able to help John, it would without a doubt be you!

I don’t have to tell you what your “win” means to John. He faced losing his license which may have cost him his job. It was not an option for him to lose! You’ve helped him get his life back. I’m so grateful for all your knowledge and expertise! When you came out an told me it was over, I literally cried!

Though I hope I never need your services J, if I ever come across someone who needs help, I will definitely send them your way. They’ll be in good hands. Thank you again,

My son and I are so grateful.

Julie - A satisfied Ramsell, Armamentos & Klis client




Dear Don

Needless to say, “thanks again”. I will not hesitate to recommend anyone - and also extol your wonderful knowledge and most of all, your honest regard and feelings for your clients!

Continued success!

- A satisfied Ramsell, Armamentos & Klis client




Dear Mr.. Ramsell,

I want to thank you from the bottom of my heart for the effort you put into U.’s case and for the successful ending.

Sincerely,

B. - A satisfied Ramsell, Armamentos & Klis client




.........For who you are and all you’ve done!

Thanks!

Thanks for the “DUI Care!”

You’re the Greatest ‘Truly meo-ow-valous!’

- A satisfied Ramsell, Armamentos & Klis client




Don,

Did we have a good time, or what?

Kept your advice been reeeal good! Thanks for doing a job no one else could pull off.

Andy - A satisfied Ramsell, Armamentos & Klis client




Don,

Thank you very much for helping my father-in-law today in court. This whole thing hasn’t been easy to deal with and I know he really appreciated your help.

Thanks again.

Sincerely

- A satisfied Ramsell, Armamentos & Klis client




Thank you very much.

You did good.

Diane - A satisfied Ramsell, Armamentos & Klis client




Dear Donald,

Thank you very much for representing me during my misfortunate situation. You are the very Best your profession has to offer. May I never need your services again! Continued Success...

- A satisfied Ramsell, Armamentos & Klis client




Thank you for all your assistance. Hopefully I will not need your professional services in the future, however, I will recommend you to those who do.

Thank you,

Big Time!

Ryczard - A satisfied Ramsell, Armamentos & Klis client




Thank you very much!

Don, I want to sincerely thank you for all your conscientiousness and efforts on behalf and now we really know who is the best.

Thanks again.

- A satisfied Ramsell, Armamentos & Klis client




Gentlemen:

I would very much like to Thank all of you for taking my son’s case and also for the fine work you did. I was most concerned that my son would be represented by a firm that seems to care and make a difference. I see a lot of cases come and go, and I know your firm has a good reputation and well liked.

He too is very appreciative and I hope he conveyed that upon dismissal of his case.

I know that I called you at the last minute and I appreciate all you did for him.

Thanks so much.

- A satisfied Ramsell, Armamentos & Klis client




With many thanks -

Mr. Don Ramsell

Please understand, I have so much to think about. I know you will help me in court Tuesday. I will always be grateful.!

Thank you very much

Cynthia - A satisfied Ramsell, Armamentos & Klis client




August 13, 2002

Dear Mr. Armamentos:

Thank you very much for defending my DUI case. You did an excellent job. Hopefully I will not have to, but if the situation ever arises aging, I will highly recommend you to anyone who gets in this sort of trouble.

Thank you again for all your great work!

Sincerely,

Brian - A satisfied Ramsell, Armamentos & Klis client




Don & Steve,

You guys saved me from getting STUNG bad! You two are the best at what you do!

Thanks!

K.W.H. - A satisfied Ramsell, Armamentos & Klis client




Steve,

Greetings from the B.F.E. or B.F.M.

Thanks for the talk and a little bit of laughter.

- A satisfied Ramsell, Armamentos & Klis client




Mr. Ramsell!

We wanted to get something you can keep on your desk; flowers may last only for a week; food may last only for a day or two!

From and family

A satisfied Ramsell, Armamentos & Klis client




Dear Mr. Armamentos:

Thank you for the good news regarding this case. I am very grateful for your excellent work and success in dealing with this case on my behalf. You have been most helpful and I do appreciate it.

Best Regards,

- A satisfied Ramsell, Armamentos & Klis client




Had beer.... want milk.

Ok Guys - Here is one for the wall! How appropriate is this card?

Just want to say THANX! You Guys Rock! But you know that already don’t you!?

Hopefully next time I see you, it will be in my business.

Until then - - -

Beth - A satisfied Ramsell, Armamentos & Klis client




Whew,

... Couldn’t have done it without you!

Thank you for all of your help and advice. Until the next time. Hmmm... Think not.

Thanks.

Kate - A satisfied Ramsell, Armamentos & Klis client

on the road again .. .




Dear Don & Steve

I truly appreciate the work you guys have done on my behalf. You guys turned what seemed like an impossible situation completely around.

Thank you so much.

Gene - A satisfied Ramsell, Armamentos & Klis client





A Message for you!

Mr.. Ramsell! This is a preliminary thank you gesture from U. and his family for an excellent effort on your part; you were simply great and we can never forget you for our life.

- A satisfied Ramsell, Armamentos & Klis client




Dear Mr.. Ramsell

Thank you for your generosity in representing me in traffic court. I also appreciate the guidance, direction and experience you have given by brother, J. You seem like a great person and I wish you great happiness and good health.

Sincerely,

- A satisfied Ramsell, Armamentos & Klis client




To Don,

Thanks a million!! You guys have done a wonderful job of representing me over the past three years. It seemed it would never end; but you had a great strategy and perseverance . .. finally it’s over and I’m actually legal again!!

Your associates and staff have been very supportive through it all... My thanks to them as well. So here’s wishing you All The Best!

Denice - A satisfied Ramsell, Armamentos & Klis client




Thanks so much for representing me. Here’s a little something to show my appreciation!

Cindy - A satisfied Ramsell, Armamentos & Klis client




Dear Mr.. Steve Armamentos,

Thank You Very much!

For your crackerjack lawyering, and for straight-talking to my son.

Sincerely,

Therese - A satisfied Ramsell, Armamentos & Klis client

Nothing ventured . . . Nothing gained --




Steve,

I just wanted to say a big thank you for working my case. I know it was not a big win for either one of us but that never stopped you from pursuing it vigorously for me for over 2 years. Its nice to know there are still lawyers out there who are honest and trustworthy...... Thanx again Steve -

God Bless,

Sincerely,

Phil - A satisfied Ramsell, Armamentos & Klis client




Don, Steve & Chris,

Thank you for the outstanding job you all did for me. I know that winning a plea of Not Guilty was nice for you but it was so great for me. Chris is a great trial attorney to be able to win my case. I thought for sure I was screwed. I will definitely refer anyone in need of legal representation to your firm. Thank you again for a spectacular job.

Thank you .... so much,

Steve - A satisfied Ramsell, Armamentos & Klis client





Steve and Associates -

Thanks for all your help. I am finally paid up now. Hopefully I won’t see any of you soon but you never know. I do recommend you to anyone who needs a great lawyer(s). You really helped me out of a jam! (I learned my lesson). Thanks so much.




Donald Ramsell, Steven Armamentos, Christopher Klis and Asso.,

Thank you very much for representing Brian and for your outstanding efforts on his behalf.

Sincerely,

Linda - A satisfied Ramsell, Armamentos & Klis client




Don & Chris,

You took me out of a terrible situation, and gave me a chance for a life of quality. My family and I will always remember you both for that!

Thank you.

- A satisfied Ramsell, Armamentos & Klis client





Chris and Don

Thanks for all your help. It’s nice to know I’m starting with a clean slate at my new home!

Joe - A satisfied Ramsell, Armamentos & Klis client




44 posted on 08/12/2005 12:20:27 PM PDT by CHICAGOFARMER (Conceal Carry)
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To: Rodney King

Oooops, not a FEDERAL judge!


45 posted on 08/12/2005 12:21:13 PM PDT by Tacis ("Democrats - The Party of Traitors, Treachery and Treason!")
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To: roylene
Personally, I would not drive after 2 or 3 oz of wine (nearly blitzo), where as my husband can drive well after two pints of beer at a good BBQ. My levels would be low but I would be drunk. My husbands levels would be high and he would not be drunk

Alcohol affects everyone differntly as you have stated. People also build a tolerance. I have a friend who's BAC probably hasn't been below 0.2 since '63 but he is functional and probably drives better than 50% of the "non drunk's" on the road.

The BAC laws are really a travestry.

The other problem is the hodgepodge of enforcement. It depends who pulls you over and where you are, whether you are convicted of DWI or it is reduced to another violation. In some places, they can actually "take" your vehicle and acution it off.

46 posted on 08/12/2005 12:21:39 PM PDT by SCALEMAN (Completely Useless Before September)
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To: Rodney King

When New Jersey was getting ready to lower the limit, as a reporter I asked the State Police to show me the study that indicated the need. The spokesman laughed and said there was no study. There was no evidence that alcohol-related deaths would decline by dropping the limit.
A woman ran in front of guy's car in New York City the other day and was killed. He had the light and wasn't speeding and had a reading of 0.78, two-tenths under. The Daily News wrote him up as a beer-guzzling blah-blah-blah. That guy had four beers at the Mets game so you're really pushing your luck if you think you can drink four beers, drive and be sure you're under the limit.
BTW, no word from the cops if the woman was commiting suicide by oncoming car. They couldn't charge the guy with DUI so they hit him with driving while impaired, the same charge Fedorov got when the cops pulled him over all whacked out and he was under the limit.


47 posted on 08/12/2005 12:23:47 PM PDT by jjmcgo
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To: Rodney King

Cops could arrest these guys left and right by waiting outside bars at midnight.


Know what gets me?? The police approval of 60 thousand fans coming out of a Eagles/Giants 4pm game 3/4 lit. You ever see a DUI check point outside ANY stadium?? Hell they smoke dope in an area reserved for pot smokers in the stairwell.

Yet my kid has two beers after work , gets caught at .10 and loses CDL for a year...real fair.....


48 posted on 08/12/2005 12:25:19 PM PDT by halfright (3 Days post Hanoi Jane....2200 Meeting of the band of brothers to piss on her grave...Semper Fi...)
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To: CHICAGOFARMER

I'm sure a decent fraction of them are, yes.


49 posted on 08/12/2005 12:27:58 PM PDT by Sloth (History's greatest monsters: Hitler, Stalin, Mao & Durbin)
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To: Rodney King
Wiseass liberal judge. There is NO right to drive. A test for drunk driving is an administrative per se and you are required in all states to take the test if a law enforcement officer suspects you've been drinking. An 0.08 percent alcohol blood level can establish intoxication. No one should drink and then get behind the wheel.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
50 posted on 08/12/2005 12:31:51 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Rodney King
Every state has similar presumptions about intoxication at a 0.08 blood-alcohol level,

How does the state determine the blood-alcohol level of a person? Are they not causing the person to unconstitutionally be a witness against himself if they extract blood or breath?

The 5th Amendment to the Constitution.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

51 posted on 08/12/2005 12:34:29 PM PDT by MosesKnows
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To: goldstategop
No one should drink and then get behind the wheel.

Would you rather be on the highway with a bunch of people who had 1 drink, or a bunch of people who were yapping on their cell phones?

52 posted on 08/12/2005 12:34:38 PM PDT by Rodney King (No, we can't all just get along.)
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To: Rodney King
The DUI jihad has not exactly paid off.

ALCOHOL-RELATED DEATHS, 1994-2003
AS A PERCENT OF ALL CRASH DEATHS

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration.

53 posted on 08/12/2005 12:35:16 PM PDT by Straight Vermonter (John 6: 51-58)
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To: MosesKnows

Yeah, I don't know exactly, but I know that it has already been litigated numerous times, in favor of the state.


54 posted on 08/12/2005 12:35:25 PM PDT by Rodney King (No, we can't all just get along.)
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To: Rodney King
"Cops could arrest these guys left and right by waiting outside bars at midnight.

Do they do that? No."

They do in Looziana.

55 posted on 08/12/2005 12:37:32 PM PDT by nightdriver
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To: Rodney King
The data certainly seems to bear this out:

Figure 4-19: Relative Risk of a Crash by Race
at Given BACs - Grand Rapids Study

56 posted on 08/12/2005 12:39:53 PM PDT by Straight Vermonter (John 6: 51-58)
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To: Rodney King
Another reason to be skeptical: Drivers with BACs between 0.08 and 0.10 are involved in just 6 percent of alcohol-related traffic fatalities, according to NHTSA data.

Even this figure is meaningless without a baseline number.
What percentage of traffic fatalities are caused by drivers who are stone-cold sober?

57 posted on 08/12/2005 12:56:18 PM PDT by Publius6961 (Liberal level playing field: If the Islamics win we are their slaves..if we win they are our equals.)
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To: Rodney King
Yeah, I don't know exactly, but I know that it has already been litigated numerous times, in favor of the state.

Implied consent. Essentially, you have consented to the "tests" when you accept the drivers license. So ruled by the courts.

Your choice is to not drive, or drive without a license, or consent to any sobriety test if the officer has "probable cause" to pull you over. Therein lies the problem, as the probable cause is your word against the officer. They always win. The only way you can win is if the paperwork is wrong, or if the stop is on video and the officer does something wrong.

I was pulled over for failure to signal when I exited the interstate (wasn't a soul around -- highway deserted). The officer asked if I had been drinking, I replied yes. He made me do the walk, recite the alphabet, the "eye" test and blow twice. He really wanted to arrest me, but couldn't as I was well below the legal BAC.

58 posted on 08/12/2005 1:06:16 PM PDT by SCALEMAN (Completely Useless Before September)
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To: jjmcgo
He had the light and wasn't speeding and had a reading of 0.78, two-tenths under.

0.078

At 0.78 he'd be very much dead.

SD

59 posted on 08/12/2005 1:06:26 PM PDT by SoothingDave
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To: SoothingDave

Lets not let the facts get in the way of a good story :-)

Highest BAC I ever saw was .29 and the girl was near death...


60 posted on 08/12/2005 1:21:19 PM PDT by halfright (3 Days post Hanoi Jane....2200 Meeting of the band of brothers to piss on her grave...Semper Fi...)
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