Is there a fifth factor to determine whether a person has been found to be impaired or impaired in a motor vehicle accident?

MultiRegion, United States of America

The following excerpt is from Shaw v. Bank of Am., Case No. 12-cv-1207 DMS (BLM) (S.D. Cal. 2017):

fifth will rarely be present at the same time." Clemens v. U.S. Dist. Ct., 428 F.3d 1175, 1178 (9th Cir. 2005) (internal quotation marks omitted). "However, the absence of the third factor, clear error, is dispositive." Id. (internal quotation marks and citation omitted).

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