Is a jury permitted to infer recklessness solely from proof of excessive speed?

Instruction 9 allows, but does not mandate, a jury to infer recklessness solely from proof of excessive speed. The inference is therefore permissive. See Schwendeman v. Wallenstein, 971 F.2d 313, 316 (9th Cir.1992) (finding this instruction is permissive), cert. denied, 506 U.S. 1052, 113 S.Ct. 975, 122 L.Ed.2d 130 (1993). Permissive inference instructions are disfavored because they "tend to take the focus away from the elements that must be proved." Warren, 25 F.3d at 900 (Rymer, J., concurring).