Doug Miller wrote:
"...0.08 or higher, that is by law prima facie *proof* of driving while
Sorry to have to correct you, Doug, but in the states where .08 (or some other
number) have been enacted, that number is prima facie "evidence" of
"impairment" not "proof as you say. Prima facie evidence means, that unless
there is evidence to the contrary, the .08 creates a rebuttable presumption of
guilt. It does not preclude the introduction of other evidence of sobriety.
Otherwise, one charged with DWI with a .08 or higher, would never elect to
defend the charges and would certainly never be found "not guilty". Some of
those cases ARE tried, and some ARE found not guilty.
Jay in NH
(former DWI defense counse!)