What is the test for a defendant to be found guilty of drink driving under section 1192(2) of the Criminal Code?
"New York", United States of America
The following excerpt is from People v. Uzquiano, 169 Misc.2d 109, 642 N.Y.S.2d 769 (N.Y. Just. Ct. 1996):
Proof of Sec. 1192(2) requires evidence of .10% or more blood alcohol content "together with evidence of one or more of defendant's deportment, speech, stability and the odor of his or her breath." People v. Mertz, supra at p. 146, 506 N.Y.S.2d at p. 295, 497 N.E.2d at p. 662.
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