District Court of Appeal of Florida April 3, 1991, No. 90-2279 (Brooks v. State)

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United States · · · 03-04-1991

LETTS, Judge.

In this case in which the defendant was found guilty of DUI manslaughter, the jury was instructed that the presence of “.10 per cent or more by weight of alcohol in the [defendant’s] blood ... shall be pri-ma facie evidence that the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired.” We reverse.

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