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STATE v. TIBBETTS2/19/1992
of the court's discretion.
IV.
Tibbetts also challenges the sufficiency of the evidence to support his conviction. The jury had before it Tibbetts's admission that he was operating his vehicle at the time of the accident and the test result that revealed his blood-alcohol content to be 0.18% approximately two hours after the accident. The jury also heard the expert's opinion testimony regarding Tibbetts's blood-alcohol concentration at the time of the accident. Although the jury heard conflicting testimony regarding the amount of alcohol Tibbetts had consumed before the accident and how much, if any, he had consumed in the interval of time between the accident and the arrival of the state trooper, "the jury has the responsibility to determine the credibility of the witnesses and the weight to be given their testimony." State v. Flaherty, 394 A.2d 1176, 1177 (Me. 1978). Based on the evidence before it, the jury rationally could find beyond a reasonable doubt all the elements of the offense with which Tibbetts was charged. State v. Barry, 495 A.2d 825, 826 (Me. 1985); 29 M.R.S.A. § 1312-B (Pamph. 1991).
The entry is:
Judgment affirmed.
All concurring.
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