the presence or absence of an odor of alcohol; the manner in which the defendant operated the motor vehicle; [opinion testimony regarding the defendant’s sobriety;] [the circumstances surrounding any accident]. In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements: That on or about , in the County of (date) (County), the defendant, name) , operated a (defendant’s motor vehicle; That the defendant did so while he/she had .08 of one per centum or more by weight of alcohol in his/her blood as shown by chemical analysis of his/her blood, breath, urine or saliva; and That the defendant did so while a child who was fifteen years of age or less was a passenger in that motor vehicle. If you find that the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime. If you find that the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime. 5
the presence or absence of an odor of alcohol; the manner in which the defendant operated the motor vehicle; [opinion testimony regarding the defendant’s sobriety;] [the circumstances surrounding any accident]. In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements: That on or about (date) , in the County of (County), the defendant, (defendant’s name) , operated a motor vehicle; That the defendant did so while he/she had .08 of one per centum or more by weight of alcohol in his/her blood as shown by chemical analysis of his/her blood, breath, urine or saliva; and That the defendant did so while a child who was fifteen years of age or less was a passenger in that motor vehicle. If you find that the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime. If you find that the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime. 5