McLEAN v. MORAN

No. 91-15140.

963 F.2d 1306 (1992)

Patricia McLEAN, Petitioner-Appellant, v. John MORAN, Sheriff of Clark County, Brian McKay, Attorney General of State of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1992.


Attorney(s) appearing for the Case

John G. Watkins, Las Vegas, Nev., for petitioner-appellant.

Charlotte M. Matanane, Deputy Atty. Gen., Crim. Justice Div., Las Vegas, Nev., David F. Sarnowski, Deputy Atty. Gen., Carson City, Nev., for respondents-appellees.

Before: BOOCHEVER, NORRIS and KLEINFELD, Circuit Judges.


BOOCHEVER, Circuit Judge:

This appeal questions the constitutionality of Nev.Rev.Stat. § 484.381(1). This statute creates a presumption that individuals with 0.10% or more by weight of alcohol in their blood, as demonstrated by a test, had no less than that amount of alcohol present in their blood at the time of the alleged violation of driving under the influence of alcohol (DUI).

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