What is the test for proving that a defendant is intoxicated?
"New York", United States of America
The following excerpt is from People v. Trotter, 2017 NY Slip Op 32169 (U) (N.Y. Cty. Ct. 2017):
incapacity test" so that in order to prove a defendant was intoxicated there must be proof "that the accused's voluntary consumption of alcohol must have rendered him incapable of performing the physical or mental acts required to operate a motor vehicle as a reasonable and prudent driver." People v. Ottomanelli, 107 A.D.2d 212___, 486 N.Y.S.2d 748, 752 (2d Dept. 1985).
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