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Mistake of Fact

JURY INSTRUCTIONS:Special Instructions

Modified CALJIC 4.35 Mistake of Fact In People v. Hernandez (1964) 61 Cal.2d 529

A person is not guilty of a crime if he commits an act under an honest and reasonable belief in the existence of certain facts and circumstances which, if true, would make such act lawful.

Therefore, if you believe that the defendant had an honest and reasonable belief that his blood alcohol concentration at the time of his driving was less than 0.08 percent, then you must find him not guilty of the charge alleged in Count II, driving with .08 percent or higher.