What is the test for determining whether a person can be found guilty of recklessly driving under the influence of alcohol?
California, United States of America
The following excerpt is from Peterson v. San Francisco Community College Dist., 205 Cal.Rptr. 842, 36 Cal.3d 799, 685 P.2d 1193 (Cal. 1984):
In general, "[w]hether a given set of facts and circumstances creates a dangerous condition is usually a question of fact and may only be resolved as a question of law if reasonable minds can come to but one conclusion." (Bakity v. County of Riverside (1970) 12 Cal.App.3d 24, 30, 90 Cal.Rptr. 541; Buchanan v. City of Newport Beach (1975) 50 Cal.App.3d 221, 228, 123 Cal.Rptr. 338.) 9
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