to operate a vehicle as a reasonable and prudent driver.6 The law does not require any particular chemical or physical test to prove that a person’s ability to operate a motor vehicle was impaired by a combination of drugs or of alcohol and a drug or drugs. To determine whether the defendant’s ability to operate a motor vehicle was impaired, you may consider all the surrounding facts and circumstances, including, for example: the defendant’s physical condition and appearance, balance and coordination, and manner of speech; the presence or absence of an odor of alcohol or a drug or drugs; the manner in which the defendant operated the motor vehicle; [opinion testimony regarding the defendant’s sobriety or of the defendant’s being under the influence of a drug or drugs;] [the circumstances surrounding any accident]. [the results of any test for the presence of alcohol or a drug or in the defendant’s blood]. [NOTE: If there is evidence of alcohol or a drug or drugs in the defendant’s blood, add, as appropriate, the following paragraphs: In considering the results of any test given to determine the content of the defendant’s you must consider: the qualifications and reliability of the person who gave the test; the lapse of time between the operation of the motor vehicle and the giving of the test;
to operate a vehicle as a reasonable and prudent driver.6 The law does not require any particular chemical or physical test to prove that a person’s ability to operate a motor vehicle was impaired by a combination of drugs or of alcohol and a drug or drugs. To determine whether the defendant’s ability to operate a motor vehicle was impaired, you may consider all the surrounding facts and circumstances, including, for example: the defendant’s physical condition and appearance, balance and coordination, and manner of speech; the presence or absence of an odor of alcohol or a drug or drugs; the manner in which the defendant operated the motor vehicle; [opinion testimony regarding the defendant’s sobriety or of the defendant’s being under the influence of a drug or drugs;] [the circumstances surrounding any accident]. [the results of any test for the presence of alcohol or a drug or in the defendant’s blood]. [NOTE: If there is evidence of alcohol or a drug or drugs in the defendant’s blood, add, as appropriate, the following paragraphs: In considering the results of any test given to determine the content of the defendant’s you must consider: the qualifications and reliability of the person who gave the test; the lapse of time between the operation of the motor vehicle and the giving of the test;
1192(4-a).docx