Defense Theory: BAC of Less than 0.05% Warrants Rebuttal Presumption That Defendant Was Not Under the Influence
November 27th, 2015
VC § 23610(a)(1), provides “[i]f there was at that time less than 0.05 percent, by weight, of alcohol in the person’s blood, it shall be presumed that the person was not under the influence of an alcoholic beverage at the time of the alleged offense.” Thus, there is a statutory presumption that a defendant was […]
Tags: CC 2111, DUI/DWI, Inferences and Presumptions, Sample Instructions
Presumption of Intoxication: Expert Testimony
November 23rd, 2015
The evidence must support the permissive inference to authorize instructions on it. Therefore, unless an expert explains how the later tests could be consistent with a BAC of 0.08 percent at the time of defendant’s stop, there may be insufficient evidence to support the instruction. (See People v. Beltran (2007) 157 Cal. App. 4th 235, […]
Tags: CC 2111, DUI/DWI, Inferences and Presumptions
CC 3425 Unconsciousness: Improper Presumption of Consciousness
May 29th, 2015
In response, CC 3425 was revised. As explained by the Committee, “In People v. Mathson, [] the Court of Appeal concluded that because the instruction’s standard concluding language on reasonable doubt said ‘if, however’ instead of ‘unless,’ it was ‘unnecessarily ambiguous.’ The court also suggested adding an explanation that only involuntary intoxication is the […]
Tags: CC 3425, Defense Theory: Unconsciousness, Inferences and Presumptions
