A defendant is tried before a jury on a DWI charge. At the conclusion of the trial

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A defendant is tried before a jury on a DWI charge. At the conclusion of the trial the judge instructs the jury: “If you find from the evidence that the defendant had a blood-alcohol content of .10, you may presume she was intoxicated.” Should the defendant’s attorney object to this instruction? On what basis?

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Criminal Law And Procedure

ISBN: 9780495095484

6th Edition

Authors: John M Scheb, John M Scheb II

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