Tuesday, September 25, 2007
Evidence of personal partition ratio is admissible
San Diego California DUI Criminal Defense Lawyer Info
California DRUNK DRIVING - EVIDENCE OF PARTITION RATIO
Because evidence is admissible to challenge the ultimate fact of intoxication under the generic DUI statute, and personal partition ratio evidence is relevant to that fact, we hold that a defendant may introduce otherwise admissible evidence of his personal partition ratio in defense of a generic (Vehicle Code section 23152(a)) DUI charge. But testimony about general partition ratios is irrelevant. Court erred in not allowing defendant to present evidence of personal partition ratio, but error harmless in light of strong evidence that defendant's driving was impaired.
People v. McNeal (C.A. 4th, 9/21/07, E041226) 07 C.D.O.S. 11514
California DRUNK DRIVING - EVIDENCE OF PARTITION RATIO
Because evidence is admissible to challenge the ultimate fact of intoxication under the generic DUI statute, and personal partition ratio evidence is relevant to that fact, we hold that a defendant may introduce otherwise admissible evidence of his personal partition ratio in defense of a generic (Vehicle Code section 23152(a)) DUI charge. But testimony about general partition ratios is irrelevant. Court erred in not allowing defendant to present evidence of personal partition ratio, but error harmless in light of strong evidence that defendant's driving was impaired.
People v. McNeal (C.A. 4th, 9/21/07, E041226) 07 C.D.O.S. 11514
# posted by SanDiegoDUI @ 6:43 PM 
| 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. |
