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State v. Coffee2/12/2004
valuation of the DRE program and the matrix test that,
unlike alcohol, where studies have been able to establish a direct measurement and correlation between the amount of alcohol in the system and the extent of impairment, with drugs there have been insufficient studies (and it may not be possible to do sufficient studies) to establish a comparable correlation between drug levels and impairment.
972 F.Supp. at 1317. The court held that the DRE "cannot testify, by way of scientific opinion, that the conclusion is an established fact by any reasonable scientific standard. In other words, the otherwise qualified DRE cannot testify as to scientific knowledge, but can as to 'specialized knowledge which will assist the trier of fact to understand the evidence.' " Id. at 1320 (quoting Federal Rules of Evidence Rule 702). The validity of the DRE's and matrix test's conclusions or the accuracy of the DRE's observations must be subject to impeachment, whether by cross-examination or other methods. Id. Clearly these were not the type of facts that were generally known within the territorial jurisdiction of the district court or capable of accurate and ready determination by resort to sources whose accuracy could not reasonably be questioned, as required for the taking of judicial notice. The district court plainly erred in taking judicial notice of these facts.
V.
Coffee's contention that there was insufficient evidence to sustain her DUI-Drug conviction is without merit. Viewing the evidence in the light most favorable to the State, we conclude that there was credible evidence of sufficient quality and probative value to enable a person of reasonable caution to conclude that the evidence supported Coffee's conviction. State v. Batson, 73 Haw. 236, 248-49, 831 P.2d 924, 931 (1992).
Coffee's contention that she was entitled to a jury trial is also without merit. State v. Sullivan, 97 Hawai'i 259, 36 P.3d 803 (2001).
Coffee's other points on appeal need not be addressed by this court given the disposition of her appeal.
VI.
Because the district court committed plain error in taking judicial notice of the district court judge's prior ruling in State v. Danny Wong that the 12-step Drug Recognition Evaluation Matrix was a valid test to ascertain drug impairment and that Officer Dowkin was a Drug Recognition Expert, we vacate the October 9, 2003 Judgment of the district court and remand this case for further proceedings.
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