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MMLU / During a defendant's trial for driving while intoxicated, the prosecutor called…

Problem

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question

During a defendant's trial for driving while intoxicated, the prosecutor called a toxicologist to testif' as an expert witness. The toxicologist testified that the defendant's blood alcohol level, registered after his arrest, was 0. 14%. At the close of the toxicologist's testimony, the trial judge, over defense objections, instructed the jury that, in accordance with state law, a person with a blood alcohol level greater than 0. 10% is presumed to be intoxicated. No other instruction relating to that presumption was given. A relevant statute in this jurisdiction makes driving while intoxicated a felony and defines intoxication "as a state of severely impaired mental and physical capacity caused by the ingestion of drugs or alcohol. "The defendant was subsequently convicted of driving while intoxicated. On appeal, his conviction should be

choices

  1. affirmed, because the defendant had an opportunity to rebut the presumption.
  2. affirmed, because the judge's instruction merely permitted the jury to reach a conclusion that they could have decided upon without the presumption.
  3. reversed, because the jury might determine that the instruction in effect relieves the prosecutor of the burden of proof beyond a reasonable doubt.
  4. reversed, because such an instruction may be considered an indication of guilt and, therefore, violative of the defendant's privilege against self-incrimination.

subject

professional_law

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Source and history

task_id
dc48b973-e47f-563d-bd5e-c913b609e738
task_key
all--test--dc48b973-e47f-563d-bd5e-c913b609e738
task_revision_id
1
config / split
all / test

Official source

initial import