In a motor vehicle accident case, in what circumstances will a defendant be found to have been driving at high speed while drunk?

California, United States of America


The following excerpt is from People v. Willard, 183 Cal.App.3d Supp. 5, 228 Cal.Rptr. 895 (Cal. Super. 1986):

The information of a reliable citizen witness may be taken as true or at "face value," (People v. Baker (1970) 12 Cal.App.3d 826, 96 Cal.Rptr. 760), and we believe the statement that defendant's vehicle was being driven by what the motorist believed was a "drunk" is, and would be commonly understood to be, a statement of a fact observed by the motorist. The objective signs of intoxication are matters of common knowledge and experience. Implicit in the motorist's statement is that he had observed defendant and believed him to be drunk. We find no other common sense explanation for his statement.

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