The Importance of the Burden of Proof
We want our judges to stand up for the highest tenets of justice and apply the burden of proof in a fair and impartial way – especially when the pressure is on. Here is a very pertinent quote from the Charlotte Observer.
The law presumes every citizen innocent, even when charged with DWI. A judge violates the judicial oath when he or she presumes that a citizen charged with DWI is guilty, gives greater weight to the state’s evidence, is predisposed to find for the state, or looks for ways to assist the state in the prosecution of a case. Judges with high conviction rates are NOT fair and impartial but proxies for the prosecution or result-oriented interest groups.
The law imposes the highest burden of proof in criminal matters — proof beyond a reasonable doubt of every element of the offense. Judges who lower this high burden in DWI cases make it probable that innocent people will be convicted, robbed of their liberty, their property, and their rights. When we permit or encourage judges to lower the burden of proof, we embark upon a slippery slope where expediency and results, rather than justice and law, guide decisions.
Source: Rawls, Eben. The Intoxilyzer isn’t perfect: Judges in DWI trials must stand for justice despite pressure from public. Charlotte Observer, August 20, 2004.
Attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in the Miami Valley and throughout Ohio. He has the credentials and the experience to win your case and has made himself Dayton’s choice for drunk driving defense. Contact Charles Rowland by phone at (937) 318-1384 or toll-free at 1-888-ROWLAND (888-769-5263). If you need assistance after hours, call the 24/7 DUI Hotline at (937) 776-2671. You can have DaytonDUI at your fingertips by downloading the DaytonDUI Android App or have DaytonDUI sent directly to your mobile device by texting DaytonDUI (one word) to 50500. Follow DaytonDUI on Facebook, @DaytonDUI on Twitter, YouTube, Tumblr, Pheed and Pintrest or get RSS of the Ohio DUI blog. Email CharlesRowland@DaytonDUI.com or visit his office at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI defense.”
For more information on the burden of proof check these city-specific sites at the following links:
Fairborn, Dayton, Springfield, Kettering, Vandalia, Xenia, Miamisburg,Huber Heights, Oakwood, Beavercreek, Centerville
