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Allen v. State4/2/2002
le, sir.
Q: While you use the statements for corroboration, do you rely primarily on statements or on your physical observation and testing and the physical facts of the test?
A: I rely primarily on the physical evidence at the scene and testing that I can do at the scene, time-and-distance studies or perception analysis, but those are what I rely primarily upon, but again, I always fall back on the statements to corroborate those.
Q: . . . You had indicated statements are corroborative in reaching your opinions. Is the manner in which an individual is driving a vehicle immediately before the accident something that's relevant to your considerations?
A: Yes, sir, it is.
Q: In this instance, did you collect that information yourself?
A: Yes, I did.
Q: Did you find it sufficiently reliable to make it part of your review?
A: Yes, I did.
Q: Again, are all those sorts of reports - do they corroborate everything you're finding at the scene physically and all the other evidence you're finding?
A: Yes, sir, they do.
The testimony at issue occurred after Officer Dye detailed the physical evidence at the scene (including photographs and a scale diagram of the scene he produced based on the physical evidence), what that evidence indicated in terms of how the collision occurred, and the scientific testing he performed (time and distance calculations regarding each vehicle's visibility and reaction time , etc.):
Q: Could you ever find any reason on the roadway or any reason in the reconstruction why he cut that corner and left his lane 23 feet or 20, 25 feet from the intersection itself?
A: No, sir. I could find no obstructions, no reason that the vehicle could not attempt to negotiate the turn in a lawful fashion.
Q: You indicated you had dealt with hundreds of DUI's. Such steering maneuvers or turning maneuvers, are they common in impaired drivers?
A: Yes, sir, they are.
Q: What other difficulties do impaired drivers have, in your experience?
A: That's a very all-encompassing question, sir. In 23 years of law enforcement, I've seen impaired drivers do a lot of things, but most commonly, they have perception problems. They will run stop signs, run red lights. It's - one of the most common things that causes an impaired driver to be stopped by a law enforcement officer is weaving in his lane, crossing the yellow line, entering into a parking - crossing a fog line into a parking area and driving their motor vehicle not within its lane of travel.
Q; From all the information you observed, had the Allen vehicle had trouble maintaining its lane of travel before the turn was attempted?
A: Yes, it did.
Q: What sort of difficulty?
A: One of the statements I reviewed -
[DEFENSE COUNSEL]: Objection, Your Honor.
Officer Dye then testified that according to Heather Johnson, who was seated in the back seat of the station wagon, the "Allen vehicle had crossed the centerline on two prior occasions before the turn was executed" and that Heather Johnson saw the Finks' vehicle and "warned the driver of the Fink vehicle" or "told him to look out for that car." According to Officer Dye, Heather Johnson also stated that Frank Allen had "warned him twice." Officer Dye ultimately offered the following opinion:
Q: Based upon all the physical testing, reviews you've done, the eyewitness statements you've looked at and all the things you've talked about here today, do you have an opinion as to what caused this motor vehicle wreck?
A: Yes, sir, I do.
Q: And what is that opinion?
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