· 6/8/1993
State v. Lusi
Citations
- 625 A.2d 1350
- 1993 R.I. LEXIS 162
- 1993 WL 191845
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- pointing out that, in criminal cases, “an inference must never ‘undermine the factfinder’s responsibility at trial, based on evidence adduced by the [s]tate, to find the ultimate facts beyond a reasonable doubt’”
- specifically commenting on the validity of the jury instruction in Lussier
- What constitutes a \reasonable period of time\ when a breathalyzer test must be administered in driving under the influence statute is a \question for the trier of fact in light of the facts and circumstances surrounding each case.\
- “With respect to the question of whether a defendant may offer evidence to rebut the inference that a BAC at the time of the testing was as great at the time of actual driving, * * * once the inference is drawn, competent evidence may be offered in rebuttal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lederberg, Weisberger
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.