In a dui jury case can the judge be required to tell tell the jury that they can only can consider the breath machine result as one of other...

Question

In a dui jury case can the judge be required to tell tell the jury that they can only can consider the breath machine result as one of other facts, that the results from breath machines do not mean in every case someone is drunk and that the jury can consider other factors such an the memory the person charged to recall specific details that a drunk person may not remember. [email protected]/* */

Answer

The standard jury instructions for the judge to read to the jury is that the jury may consider the breathalyzer and may consider other things as well. It is up to the defense to bring out those other factors.

Richard F. Sweeney, Esq.

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