Pedestrian under the influence
What is the burden of proof on a Pedestrian under the influence charge. On a Public drunk charge. Are they required to get a brethalizer tast as per a DUI, and if not what must they prove?
1 Answer from Attorneys
Re: Pedestrian under the influence
They are not required to obtain a breath test or test of other bodily substances in order to prove pedestrian under the influence. Testimony about the behavior, i.e., slurred speach, unsteadiness on one's feet, etc., will carry the burden of proof.
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