The fastest way to contact me: 310-820-1315

Contact

Permissive Inference

JURY INSTRUCTIONS:Special Instructions

McLean v. Moran (1992) 963 F.2d 1306, People v. Milham (1984) 159 Cal.App.3d 504-505, People v. Roder (1983) 33 Cal.3d 491; Evid. Code §§600 and 607; Ulster County Court v. Allen (1979) 442 U.S. 140, 156, In re People v. Winship (1970) 397 U.S. 358, 364, 90 S.Ct. 1068, 1972, 25 E.Ed.2d 368

The permissive inferences do not alter the People’s burden to prove defendant’s guilt beyond a reasonable doubt. The permissive inferences just read to you are not mandatory. They are rebutted if the evidence raises a reasonable doubt in your mind whether the defendant was in fact a .08 blood alcohol level or higher at the time of the driving.

You are instructed that the permissive inferences just read to you regarding blood alcohol levels equal to .08 or higher are not mandatory. The permissive inferences are rebutted if the evidence raises a reasonable doubt in your mind of the existence of the inferred fact. The inferred fact is whether the defendant was a .08 blood alcohol level or higher at the time of the driving.

You further instructed that the defendant does not have the burden of disproving the inferred fact. It is sufficient to rebut the permissive inference if the evidence raises a reasonable doubt in your mind of the existence of the inferred fact.

You are further instructed that the permissive inferences do not alter the People’s duty to prove defendant’s guilt beyond a reasonable doubt.