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Archive for July 9th, 2009

Cuccinelli calls on Kaine to bring legislature back to Richmond

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Republican candidate for Attorney General Ken Cuccinelli, a member of the Virginia Senate himself, is asking Governor Tim Kaine to call a special session to deal with a Supreme Court ruling dealing with drinking and driving.

In a statement released late tonight, Cuccinelli claims that the decision by the Supreme Court justices in the Melendez-Diaz v. Massachusetts case presents a problem whereby prosecutors are being forced to suspend drunk driver prosecutions.

According to the Cuccinelli release, the Melendez-Diaz ruling prevents local Commonwealth’s Attorneys from using a certificate of analysis of their findings for use in court in drug and D.U.I. cases. In the past it has served as sufficient evidence to prove that a substance was in a defendant’s blood stream. In the wake of this case, Cuccinelli believes it will be necessary for prosecutors to call actual scientists to the stand in each case. Something the state has neither the time or money to pursue.

Senator Cuccinelli said, “A legislative fix would be much better than hiring 100-200 new scientists, which we couldn’t do now even if we tried.”

Cuccinelli said that if Kaine is reluctant to take call for the special session, he is going to encourage his legislative colleagues to do so on their own.

I am schedule to sit down with the Senator tomorrow to learn more about this effort. I will also reach out to his opponent Steve Shannon and Governor Kaine’s office as well. For now, you can read the candidate’s full release after the jump:

**UPDATE**

It is apparently a big night for news in the AG race. My friend Ben Tribbett at NLS is reporting that Mike Henry, of Warner/Kaine fame has signed on to help Steve Shannon. A quality, insider get for the for the first time statewide candidate.
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Written by Ryan Nobles

July 9, 2009 at 10:53 pm