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STATE v. TIBBETTS2/19/1992
Ronald Tibbetts appeals from the judgment entered in the Superior Court (Somerset County, Beaulieu, J.) on a jury verdict finding him guilty of operating a motor vehicle while under the influence of intoxicating liquor (OUI) or while having 0.08% or more by weight of alcohol in his blood (EBA), 29 M.R.S.A. § 1312-B (Pamph. 1991). Tibbetts contends that the State's expert was not qualified, that his proffered opinion testimony was irrelevant and that the testimony was improperly admitted in violation of M.R.Crim.P. 16(b). He further contends that the evidence was insufficient to support his conviction. We find no error in the record and affirm the judgment.
I.
Near dusk on July 21, 1989, Tibbetts crashed his Chevy Blazer into a guardrail on Rt. 27 near Kingfield. A state trooper arrived at the scene one and a half to two hours after the accident. There was conflicting evidence as to whether Tibbetts had consumed any alcohol between the time of the accident and the arrival of the trooper. The trooper testified that Tibbetts admitted having drunk a six pack of beer prior to the accident, but had denied the consumption of any alcohol after the accident. Tibbetts testified that he had drunk four beers prior to the accident and had consumed one beer and two mixed drinks between the time of the accident and the time of the arrival of the trooper at the scene. His testimony concerning the mixed drinks was corroborated by another witness. A breath test administered approximately two hours after the accident revealed that at that time Tibbetts had a blood-alcohol concentration of 0.18%.
Applying the Widmark formula for absorption, dilution, and elimination of alcohol by the human body, the State's expert witness, over the objection of Tibbetts, offered the opinion that Tibbetts's blood-alcohol concentration was between 0.14% and 0.16% at the time of the accident. The expert factored estimated values into the computation to account for Tibbetts's
II.
Tibbetts does not challenge the validity of the Widmark formula. Rather, he contends that the expert's testimony is not relevant because some of the expert's underlying assumptions were based on averages and estimates instead of accurate data particular to Tibbetts and that the State's expert witness was not qualified to offer the proffered opinion as to Tibbetts's blood-alcohol concentration at the time of the accident. The trial "court has scope of considerable breadth in deciding whether to admit opinion testimony of a defendant's
A determination of admissibility encompasses two considerations: whether "the proffered opinion address an issue of consequence in the case in a way that is helpful to the jury in making its determination" and "whether the proffered witness is properly qualified to give the opinion sought." Field & Murray at 263-64. The first consideration is one of relevance and turns upon "whether the matter is beyond common knowledge so that an untrained layman will not be able to determine it intelligently and whether a person with specialized knowledge can give a helpful opinion." Field & Murray at 263.
Here, Tibbetts's blood-alcohol content at the time of the accident was the central question before the jury, and the significance of a 0.18% test result obtained approximately two hours after the accident was an issue of consequence in the case. The trial court properly determined that the effects of alcohol absorption, dilution, and elimination on blood-alcohol concentrations over a period of time is beyond the common knowledge of a layperson and that the opinion of an expert with special knowledge in this area could be helpful to the jury's determination. An expert's opin
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