 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Coffee2/12/2004
mical name for marijuana. After verifying the data, Morrison froze the urine specimen and placed it in a locked freezer for certification by Dr. Clifford Wong.
Dr. Clifford Wong (Dr. Wong), the Toxicology Director and a qualified expert in toxicology, testified that he validated the results of Coffee's sample by ensuring that the chain of custody had been intact and the controls had been properly run. Dr. Wong testified that the cutoff level for confirmation of the presence of THC is 15 nanograms per millimeter; a reading below the cutoff level would be considered a negative. Dr. Wong confirmed that Coffee's level was 209 nanograms per millimeter. He further testified that THC shows up in the blood stream ten to fifteen minutes after smoking and peaks in the urine three hours after that. The amount of time THC would remain in the urine depended on the history of the person and the person's body makeup. THC would remain in the urine of a naïve user for three days, while for a regular user it may remain up to three weeks. Because he was unfamiliar with Coffee's history of marijuana usage, Dr. Wong could not say if Coffee had smoked marijuana up to a week prior to her giving the urine sample.
Coffee testified that Police Officer Yamane transported her to the Kaneohe police station. Officer Yamane seemed apologetic and gave her the impression that he thought she was sober. Coffee testified that one of the officers at the Kaneohe station advised her to use the bathroom to clean out her system before giving the actual urine sample. Except for Officer Yamane, Coffee was unable to recall the names of the other officers. Based on her testimony, Coffee made a motion to continue the trial so she could subpoena Officer Yamane to testify as to her condition at the time of her arrest. The district **1006 *197 court granted her motion because the officers' statements, whether or not they were made, interplayed into the issue of credibility.
The transcript of the November 18, 1999 proceedings, when trial was resumed, was not provided to this court due to a malfunction of the court reporter's equipment; no reconstruction of what occurred during the November 18 proceedings appears in the record. The record does reflect that the only witness called on November 18, 1999 was Officer Dowkin.
III.
Hawai'i Rules of Penal Procedure Rule 52(b) states that "[p]lain errors or defects affecting substantial rights may be noticed although they were not brought to the attention of the court." Therefore, an appellate court "may recognize plain error when the error committed affects substantial rights of the defendant." State v. Staley, 91 Hawai'i 275, 282, 982 P.2d 904, 911 (1999) (internal quotation marks and citation omitted).
The appellate court "will apply the plain error standard of review to correct errors which seriously affect the fairness, integrity, or public reputation of judicial proceedings, to serve the ends of justice, and to prevent the denial of fundamental rights." State v. Vanstory, 91 Hawai'i 33, 42, 979 P.2d 1059, 1068 (1999) (internal quotation marks and citation omitted).
This court's power to deal with plain error is one to be exercised sparingly and with caution because the plain error rule represents a departure from a presupposition of the adversary system--that a party must look to his or her counsel for protection and bear the cost of counsel's mistakes.
Id. at 42, 979 P.2d at 1068 (quoting State v. Kelekolio, 74 Haw. 479, 515, 849 P.2d 58, 74-75 (1993)).
IV.
Coffee contends the district court erred when it took judicial notice of Officer Dowkin's qualifications as a Drug Recognition Expert [FN5] (DRE) and of the matrix test [FN6] as a sufficient test to ascertain drug impairment. Specifically, Coffee conten
Page 1 2 3 4 5 6 7 8 Hawaii DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|