When will the court allow a defendant's blood alcohol level to be considered relevant in determining whether he had the intent to evade a pursuing police officer?

California, United States of America


The following excerpt is from People v. Finney, 110 Cal.App.3d 705, 168 Cal.Rptr. 80 (Cal. App. 1980):

As to count IV, the court correctly instructed the jury that defendant's state of intoxication was relevant in determining whether defendant had the specific intent necessary to convict him of an attempt to evade a pursuing peace officer. On appeal, we will not indulge in speculation as to why counsel did not introduce into evidence defendant's blood alcohol level of .27 percent on the night in question. (People v. Pope, supra, 23 Cal.3d at p. 426, 152 Cal.Rptr. 732, 590 P.2d 859.)

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