People v. Patricia Fratangelo
Seneca County Ct. order dated February 21, 2013, affirming judgment of conviction for driving while intoxicated. Read, J., granted leave June 11, 2013.
ISSUE PRESENTED: Whether the court properly refused to charge the jury that evidence that there was less than .08 of one per centum by weight of alcohol in the defendant’s blood is prima facie evidence of non-intoxication, where the defendant blew .09, but his trial expert opined that, at the time of the stop, the BAC would have been only .03 to .04%.
Court's charge in DUI case