Does a defendant have to produce evidence to prove that he is not guilty of driving while under the influence of intoxicating liquor?

California, United States of America


The following excerpt is from People v. Conterno, 170 Cal.App.2d Supp. 817, 339 P.2d 968 (Cal. Super. 1959):

Nor does the record disclose that defendant at the time he was requested to take the test declared that he was not guilty of driving while under the influence of intoxicating liquor, within the rule restricting inferences where there is such an unequivocal declaration. People v. Wignall, supra, 1932, 125 Cal.App. 465, 13 P.2d 995. By refusing the test, he in effect is refusing to produce evidence which would bear materially on the condition for which he was arrested.

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