DEFENDANT MAY ADMIT EVIDENCE OF "PERSONAL" PARTITION RATIO IN DUI CASE
DRUNK DRIVING - EVIDENCE OF PARTITION RATIOPeople v. McNeal (C.A. 4th, 9/21/07, E041226) 07 C.D.O.S. 11514
Because evidence is admissible to challenge the ultimate fact of intoxication under the generic DUI statute, and personal partition ratio evidence is relevant to that fact, we hold that a defendant may introduce otherwise admissible evidence of his personal partition ratio in defense of a generic (Vehicle Code section 23152(a)) DUI charge.
But testimony about general partition ratios is irrelevant. Court erred in not allowing defendant to present evidence of personal partition ratio, but error harmless in light of strong evidence that defendant's driving was impaired.
I will be assessing the impact of this on DUI trials in future posts. I suspect upon proper analysis, this case may end up being a two-edged sword for the defense. Stay tuned.
