What is the test for reversing a finding of guilty on appeal against a finding that a defendant was driving under the influence of alcohol?

California, United States of America


The following excerpt is from People v. Foster, H038491 (Cal. App. 2013):

First, to the extent defendant's assertions are based on statements not admitted into evidence at trial, such as statements from the preliminary examination or statements purportedly from a fire department report, defendant fails to establish that the judgment should be reversed. Second, with respect to the trial evidence, " '[o]n appeal we review the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.]' " (People v. Cravens (2012) 53 Cal.4th 500, 507.) " '[W]e must view the evidence in the light most favorable to the People and must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citation.] [] . . . Although we must ensure the evidence is reasonable, credible, and of solid value, nonetheless it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts on which that determination depends. [Citation.] Thus, if the verdict is supported by substantial evidence, we must accord due deference to the trier of fact and not

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substitute our evaluation of a witness's credibility for that of the fact finder. [Citations.]' [Citation.]" (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) In this case, ample evidence supported a reasonable inference that defendant was driving under the influence of alcohol on November 20, 2011, including that he was found in the driver's seat of a car that was stopped and blocking traffic, he had the ignition key in his hand, there was an empty bottle of vodka next to him, and he exhibited symptoms of physical and mental impairment from alcohol consumption. Defendant fails to demonstrate that reversal of the judgment is warranted.

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