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Town of Columbus v. Harrington12/11/2001
idence normally inadmissible at trial." Delaney, 15.
Newell testified at trial, outside of the presence of the jury, that the specific make and model used for Harrington's PAST was on the approved list distributed by the Montana Department of Justice Forensic Science Division. Sergeant O'Loughlin testified that he had field tested the specific piece of equipment prior to its use on Harrington. We conclude that Rule 104(a), M.R.Evid., authorized the District Court to consider the training manual relied on by Newell.
Accordingly, we hold that the District Court did not abuse its discretion in admitting the PAST results.
Issue 3
Did the jury instructions, reviewed as a whole, fully and fairly present the law to the jury?
Harrington objects to two instructions given to the jury. The first, denominated Instruction No. 3 by the District Court, stated:
A witness who by education and experience has become an expert in any art, science, profession, or calling may be permitted to state his opinion as to a matter in which he is versed and which is material to the case, and may also state the reasons for such opinion. You should consider each expert opinion received in evidence in this case and give it such weight as you think it deserves; and you may reject it entirely if you conclude the reasons given in support of the opinion are unsound.
The State offered this instruction, asserting that it was appropriate because the officers who testified, in particular Newell, had specialized training as part of their profession. Harrington argues that there is no authority for the proposition that peace officers are experts within the meaning of the instruction. The District Court gave the instruction and noted that Newell testified that he had training, and he scored certain results on two tests.
The district court has broad discretion in formulating jury instructions. State v. Goulet (1997), 283 Mont. 38, 41, 938 P.2d 1330, 1332. A trial court may give a jury instruction when it is relevant to evidence or issues in a case. State v. Johnson, 1998 MT 289, 35, 291 Mont. 501, 35, 969 P.2d 925, 35.
In reviewing a claim which alleged insufficiency of the evidence for a conviction on DUI, this Court noted that "it was the officer's expert opinion that [defendant] was intoxicated." State v. Brady, 2000 MT 282, 24, 302 Mont. 174, 24, 13 P.3d 941, 24. The officers who testified at trial here described their educational background, specialized training and experience with field sobriety and breath tests. The instruction at issue informed the jury that they could accept or reject the expert opinions given and that they could give the opinions the weight they thought the opinions deserved. We conclude that the instruction was relevant to evidence and issues in the case.
Harrington also objects to the portion of the court's Instruction No. 6 which instructed the jury on the inferences contained in § 61-8-401(4), MCA. Harrington argues that these inferences should not apply in this case because the PAST did not establish a particular blood alcohol concentration in the body, but only an estimate of the blood alcohol concentration.
Section 61-8-401(4), MCA, provides:
Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person at the time of a test, as shown by analysis of a sample of the person's blood or breath drawn or taken within a reasonable time after the alleged act
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