Commonwealth v. Draper

By Judge G. Carter Greer

In this prosecution for driving under the influence, second offense within five years of a first offense, in violation of Va. Code § 18.2-266, the court took the defendant’s motion to strike under advisement, both at the conclusion of the Commonwealth’s case and at the conclusion of all the evidence. In summary, the defendant argues that the presumptions pertaining to Va. Code §§ 18.2-266(i) and 18.2-269 are unconstitutional mandatory presumptions that the court should not apply under Francis v. Franklin, infra, and that admission of the certificate of blood alcohol…