People v. Beltran, A116944
Conviction of driving with a blood-alcohol content of 0.08 percent or more is reversed as, based on the evidence presented at trial, there was no rational connection between the fact that defendant had a BAC of .08 percent or more within three hours of the time he stopped driving and the fact to be inferred, that he had a BAC of at least .08 percent while driving, sufficient to justify giving CALJIC No. 12.61.1.
- Decided 11/27/2007
- Published 11/27/2007
- California Court of Appeal
- For Appellant:
- Lauretta Marie Oravitz-Komlos, by Appointment of the Court of Appeal Under The First District Appellate Project's, Assisted Case System, for Appellant.
- For Appellees:
- Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Christopher W. Grove, Deputy Attorney General, for Respondent.