CO · jury_instructions
COLJI-Crim. 3-1:15.SP
VEHICULAR HOMICIDE—SPECIAL INSTRUCTION (DELTA 9-TETRAHYDROCANNABINOL LEVEL)
As to the charge of vehicular homicide, a permissible inference that
the defendant was under the influence of one or more drugs may be drawn
if the amount of delta 9-tetrahydrocannabinol in the defendant’s blood at
the time of the alleged offense, or within a reasonable time thereafter, as
shown by analysis of the defendant’s blood, was five nanograms or more
per milliliter in whole blood.
A permissible inference allows, but does not require, you to find a
fact from proof of another fact or facts, if that conclusion is justified by the
evidence as a whole. It is entirely your decision to determine what weight
shall be given the evidence.
You must bear in mind that the prosecution always has the burden of
proving each element of the offense beyond a reasonable doubt, and that a
permissible inference does not shift that burden to the defendant.
History
COLJI-Crim. (2025), Colorado Supreme Court Model Criminal Jury Instructions Committee. The committee's page: "The 2025 edition was published online on February 25, 2026." © 2025 Supreme Court of Colorado for the State of Colorado.
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- crim-2026-02-25
- Content hash
b50116fc9d295f5d6c6a514e7af88643502fbcc120cbc8f4d9aefe097da8b48c
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