Tuesday, November 08, 2005

 

San Diego DUI Attorney's new courtroom DUI jury instruction challenge

San Diego DUI / San Diego Drunk Driving cases deal with circumstantial evidence.

That is what you must try to poke holes through. To the extent you can argue the Prosecutor has not met the burden of proof, you can increase the likelihood of an acquittal.

That is why the new DUI instruction is so important.

This what a San Diego DUI jury will hear from the judge.

CALJIC 224. Circumstantial Evidence: Sufficiency of Evidence

"Before you may rely on circumstantial evidence to conclude that a fact necessary to find the defendant guilty has been proved, you must be convinced that the People have proved each fact essential to that conclusion beyond a reasonable doubt. Also, before you may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the circumstantial evidence is that the defendant is guilty. If you can draw two or more reasonable conclusions from the circumstantial evidence, and one of those reasonable conclusions points to innocence and another to guilt, you must accept the one that points to innocence. However, when considering circumstantial evidence, you must accept only reasonable conclusions and reject any that are unreasonable."

A San Diego DUI jury needs to accept the reasonable conclusion from the San Diego DUI circumstantial evidence which points to innocence.



Links to this post:

Create a Link



<< Home

This website & linked blog is made available by this law firm for general information purposes only and to provide a general understanding of the law, not to provide legal advice. Readers of this website/blog are cautioned that reading the website/blog does not create a lawyer-client relationship between the reader and this law firm.
This page is powered by Blogger. Isn't yours?