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STATE v. ROCHE8/20/1996
Defendant, Wayne Roche, appeals from the judgment entered in the Superior Court (Franklin County, Chandler, J.) following a jury trial that resulted in a verdict of not guilty on one count of manslaughter and guilty on one count of operating under the influence ("OUI") in violation of 29 M.R.S.A. § 1312 (1992). The jury considered as part of the evidence relating to the OUI charge the result of a mandatory blood-alcohol test administered pursuant to 29 M.R.S.A. § 1312 in any accident in which a death has occurred or will occur. On appeal defendant challenges the constitutionality of the statute because to believe the vehicle operator has been driving while impaired. Defendant also contends that the court erred in finding that probable cause existed independent of the blood test result to believe that he had
The facts giving rise to this case may be summarized as follows. Wayne Roche was employed as a professional truck driver. In March 1993 he was hauling logs in his tractor trailer north of Eustis when he came upon a Maine Department of Transportation ("DOT") work site where four workers were steaming a frozen culvert. One lane only was open where the work site was located, and there were two signs placed on the road north of the site to warn oncoming traffic of the position of the workers. A flagman stood on either end of the site. The flagmen used signs, which read "stop" on one side and "slow" on the other, to direct the traffic through the single lane. The third man was inside the steamer truck in the middle of the work site and fourth man was working in the ditch with the steamer hose. The work site was at the bottom of a hill.
Defendant slowed his truck as he approached the work site, but he did not obey the flagman's signal to stop. He moved into the open lane of travel and proceeded southbound through the work site. At the same time a northbound truck was traveling through the single lane in the direction of the flagman. Defendant tried to avoid colliding with the truck by swerving to the right and reentering the single lane of travel. As he attempted the maneuver he realized that there were more cars traveling behind the truck and he was forced to pull off to the right again. He brought his truck to a halt on the right shoulder of the road and the truck slowly rolled over, spilling the logs it had carried. Lloyd Sweetser, who had been working in the ditch with the steamer hose, tried to run away but was crushed by the contents of the truck and died.
Defendant was taken to a local hospital for examination and treatment for minor injuries. At the hospital a blood test was ordered by an officer of the Farmington Police Department. The officer brought the blood test kit to the hospital at the request of the Franklin County Sheriff's office, which had informed him that the accident involved a fatality and that therefore defendant was required to be tested.
A few weeks after the accident a state trooper, who investigated the accident scene and interviewed defendant on the day following the accident, went to defendant's home and questioned him about his use of alcohol. Defendant stated that he drank about a fifth of whiskey on the night before the accident. These statements were considered by the court in its determination of probable cause independent of the blood test result pursuant to 29 M.R.S.A. § 1312 and were offered as admissions in the State's case.
Defendant was indicted on one count of manslaughter and one count of operating under the influence. He pleaded not guilty to both charges. His motion to suppress the blood test results was denied. The matter proceeded to trial and the jury returned a verdict of not guilty on the manslaughter count and gu
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