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Some West Virginia DUI DWI Lawyers Attorneys Use the Following Jury Instruction:
1. Although you have been instructed that under the law, more than 0.08% by weight of alcohol in a person's breath or blood is prima facie evidence that the person was under the influence of alcoholic beverages, such evidence is not proof of guilt beyond a reasonable doubt and is not sufficient to convict the defendant of this charge. Such evidence may be rebutted by testimony of the witnesses. Additionally, you may choose to disregard the evidence of the breath test. In other words, in a case such as this, the establishment of a prima facie case does not take away from the defendant the presumption of innocence, but leaves that presumption to operate in connection with, or in aid of, any proof offered in the case, or arising out of the evidence, or lack of evidence, to rebut the prima facie case made out by the prosecution. Indeed, an inference of guilt supported by prima facie evidence may be so far rebutted or impaired as to require a verdict of not guilty.
2. Prima facie evidence does not relieve the prosecution of its burden of proof. It is not synonymous with the word "presumption" and should not be viewed as shifting the burden of proof to the defendant. It simply allows the Court to give the case to the jury for its verdict.
West Virginia DUI DWI Attorneys Lawyers
URGENT WARNING!!!
YOU MUST FILE A CHALLENGE TO YOUR WEST VIRGINIA DUI OR YOU WILL LOSE YOUR LICENSE WITHOUT A HEARING. CONTACT AN WEST VIRGINIA DUI ATTORNEY IMMEDIATELY!!
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