The defendant is on trial for homicide while operating a motor vehicle. Prosecut

Question

The defendant is on trial for homicide while operating a motor vehicle. Prosecution alleges that defendant was intoxicated at the time of the accident in which Bob was killed. The Defendant claims that a defective steering mechanism on the family car caused it to veer off the road and hit a tree, while he was driving. The steering mechanism was tested by the prosecution and it was found to be damaged, but the prosecution alleges that the damage was caused solely from the collision. The prosecution seeks a ruling from the court that defective steering mechanism testimony should not be allowed. If you are the judge would you grant the prosecution’s motion to limit the testimony? Explain why the answer is correct and the others are wrong.

No. The evidence of a defective steering mechanism is admissible to provide an alternate explanation of the cause of the accident.

No. The evidence of a defective steering mechanism is admissible as defendant has the burden of showing his intoxication did not cause the accident.

Yes. The evidence is inadmissible, as there was no prior evidence that the steering mechanism had failed before and admitting the evidence would be purely speculative.

Yes. The evidence is inadmissible, because it is substantially more prejudicial than probative.

Explanation / Answer

Ans : No. the evidence of a defective steering mechanism is admissible to provide an alternate explanation of tha cause of the accident.

Since the defendent was intoxicated at the time of collision or not , is yet to be proved or determined , but the defective steering mechanism is surely one of the reason for the unfortunate collision , so it cannot be over looked by the judge . So the permission to limit the testimony cannot be granted by the judge.

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