Commonwealth v. Padilla

By Judge Robert W. Wooldridge, Jr.

The Defendants were indicted by a grand jury on the charge of driving under the influence of alcohol in violation of § 18.2-266 of the Code of Virginia. They move in limine to preclude the Commonwealth from relying at *410trial on the rebuttable presumptions contained in § 18.2-269 of the Code. They contend that the latter statute is unconstitutional in that it violates their due process rights. Mr. Padilla also moves to dismiss his indictment on those grounds. For the reasons that follow, the Defendants’ motions are denied.

Virginia Code § 18.2-269 provides:

In…