Can a jury determine whether a defendant was subjectively aware of the risk to another person as a result of his driving while intoxicated?

California, United States of America


The following excerpt is from People v. Lara, F078337 (Cal. App. 2021):

Defendant also drove above the speed limit7 and through a well-marked stop sign without braking, conduct that is highly dangerous. A reasonable juror could conclude defendant was subjectively aware of the risk of this conduct. (People v. Moore (2010) 187 Cal.App.4th 937, 941 ["Whether [the defendant] was subjectively aware of the risk is best answered by the question: how could he not be? It takes no leap of logic for the jury to conclude that because anyone would be aware of the risk, [the defendant] was aware of the risk."].)

Lastly, and significantly, defendant had knowledge of the hazards of driving while intoxicated, including the risk of killing someone and being charged with murder. (People v. David (1991) 230 Cal.App.3d 1109, 1115 ["Prior convictions and exposure to

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