Does a defendant qualify for prima facie evidence of non-intoxication?
"New York", United States of America
The following excerpt is from People v. Arroyo, 18 N.Y.S.3d 580 (Table) (N.Y. Crim. Ct. 2015):
Therefore, it is inappropriate to dismiss a charge of Driving While Intoxicated merely because a defendant qualifies for prima facie evidence of non-intoxication. Prima facie evidence does not mean conclusive evidence; it is evidence which creates a rebuttable presumption (People v. Gristina, 186 Misc.2d 877, 878879, 721 N.Y.S.2d 491 [Crim Ct, New York County 2001] ).
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