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JURY INSTRUCTIONS
Special Instructions
2. Permissive Inference
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.
