San Diego DUI criminal defense lawyer info
San Diego Drunk Driving cases deal with circumstantial evidence.
A San Diego Drunk Driving criminal defense attorney can reasonably try to point out the San Diego DUI circumstantial evidence is insufficient.
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To the extent your San Diego DUI criminal defense attorney can argue the Prosecutor has not met this burden of proof, it increases the likelihood of a San Diego DUI acquittal.
That is why this California DUI jury instruction is so important.
It is what a San Diego DUI jury will hear from the judge.
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CALJIC 224. Circumstantial Evidence: Sufficiency of Evidence
“Before you may rely on circumstantial evidence to conclude that a fact necessary to find the defendant guilty has been proved, you must be convinced that the People have proved each fact essential to that conclusion beyond a reasonable doubt. Also, before you may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the circumstantial evidence is that the defendant is guilty.
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If you can draw two or more reasonable conclusions from the circumstantial evidence, and one of those reasonable conclusions points to innocence and another to guilt, you must accept the one that points to innocence. However, when considering circumstantial evidence, you must accept only reasonable conclusions and reject any that are unreasonable.”
A San Diego DUI jury may accept a reasonable conclusion from the San Diego DUI circumstantial evidence which points to innocence. If so, then it is their duty to accept the reasonable conclusion which points to innocense.