What is the test for proving intent in a motor vehicle accident case?

California, United States of America


The following excerpt is from People v. Chavez, E054719 (Cal. App. 2013):

Second, we address the probative value of the prior offense evidence. "The least degree of similarity (between the uncharged act and the charged offense) is required in order to prove intent. [Citation.] '[T]he recurrence of a similar result . . . tends (increasingly with each instance) to negative accident or inadvertence or self-defense or good faith or other innocent mental state, and tends to establish (provisionally, at least, though not certainly) the presence of the normal, i.e., criminal, intent accompanying such an act . . . .' [Citation.]" (People v. Ewoldt (1994) 7 Cal.4th 380, 402, italics added.)

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