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State v. Guilez6/29/1999
bench conference, the trial court advised the jury that the parties had stipulated that State's Exhibit No. 1 (the printed result of breath tests performed upon Defendant on the night in question) could be admitted into evidence. The trial court also told the jury that the stipulation indicated that the printout met the standards of the Department of Health.
{16} Drez then testified that at the time of Defendant's arrest the results of a breathalyzer test showed that Defendant had a blood-alcohol level of .10. She stated that some individuals could be impaired with a lesser reading, but that most studies indicate that a reading of .08 is deemed a significant impairment affecting most individuals' ability to operate a motor vehicle. On cross-examination, Drez conceded that individuals react differently to the ingestion of alcohol. Drez also testified that in her opinion if an average male drank two, twelve-ounce beers, that amount would not cause the individual to have a blood-alcohol level of .10.
{17} Defendant argues on appeal that the trial court erred in permitting Drez to testify concerning the extent of Defendant's impairment and that Drez was not qualified to testify as an expert witness in that area of scientific knowledge.
{18} An appellate court reviews a trial court's decision to admit evidence under an abuse-of-discretion standard. See State v. Sarracino, 1998-NMSC-022, 20, 125 N.M. 511, 964 P.2d 72. Abuse of discretion occurs when the trial court's ruling is against logic and not supported by reason. See id. We see no error in the admission of this evidence. It was the function of the trial court to ascertain the qualifications of Drez to testify as an expert witness. See Rule 11-702 NMRA 1999; State v. Foster, 1999-NMSC-007, 42, ___ N.M. ___, 974 P.2d 140. Drez's testimony about her specific training in the psychological effect of alcohol on individuals, together with her eight years of experience in the field and previous scientific college background, was sufficient for the trial court to admit her testimony in the exercise of its discretion.
{19} In light of our determination that the offense of reckless driving governed over the charge of child abuse, we need not discuss Defendant's contention that the trial court erred in denying his motion for directed verdict on the charge of child abuse.
CONCLUSION
{20} Defendant's conviction of reckless driving is affirmed. On remand, the trial court shall vacate the conviction of child abuse and enter an amended judgment and sentence consistent with the matters discussed herein.
{21} IT IS SO ORDERED.
THOMAS A. DONNELLY, Judge
WE CONCUR: LYNN PICKARD, Chief Judge JAMES J. WECHSLER, Judge
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