any drug or drugs], the defendant operated the motor vehicle in a manner that caused the deaths.10 In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following three elements: That on or about , in the County of , (date) (county) the defendant, operated a motor (defendant's name), vehicle: Select appropriate alternative(s): while the defendant 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. or while the defendant was in an intoxicated condition. or while the defendant's ability to operate such vehicle was impaired by the use of a drug; or while the ability to operate defendant’s such motor vehicle was impaired by the combined influence of drugs or of alcohol and any drug or drugs. That the defendant operated such motor vehicle in a manner that caused the death of more than one person, and That the defendant did so as a result of that intoxication [or impairment by the use of a drug, or by Penal Law § 125.12. See People v. Mojica, 62 A.D.3d 100 (2d Dept. 2009). 10 See also Legislative Memorandum in support of this statute, which states that addition of the rebuttable presumption provision would create a causal link “the between a driver who causes serious physical injury or death and a presumption
any drug or drugs], the defendant operated the motor vehicle in a manner that caused the deaths.10 In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following three elements: That on or about (date) , in the County of (county) , the defendant, (defendant's name), operated a motor vehicle: Select appropriate alternative(s): while the defendant 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. or while the defendant was in an intoxicated condition. or while the defendant's ability to operate such vehicle was impaired by the use of a drug; or while the defendant’s ability to operate such motor vehicle was impaired by the combined influence of drugs or of alcohol and any drug or drugs. That the defendant operated such motor vehicle in a manner that caused the death of more than one person, and That the defendant did so as a result of that intoxication [or impairment by the use of a drug, or by 10 Penal Law § 125.12. See People v. Mojica, 62 A.D.3d 100 (2d Dept. 2009). See also Legislative Memorandum in support of this statute, which states that “the addition of the rebuttable presumption provision would create a causal link between a driver who causes serious physical injury or death and a presumption
125-13(4).docx