Does the jury have been misled in their instruction that the law does not require that the driver be drunk or intoxicated or have consumed some specified number of drinks?
California, United States of America
The following excerpt is from People v. Weathington, 231 Cal.App.3d 69, 282 Cal.Rptr. 170 (Cal. App. 1991):
As to the first instruction, in light of the discussion above, we do not believe the jury was misled. The instruction that the law does not require that the driver be drunk or intoxicated or to have consumed some specified number of drinks, was coupled with a proper definition of the meaning of "under the influence." (People v. Haeussler, supra, 41 Cal.2d at p. 261, 260 P.2d 8, and see discussion, ante.)
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