State v. Souther

The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of operating under the influence. On appeal, Defendant argued that the court abused its discretion by excluding Defendant’s proposed expert testimony as to her peak blood alcohol concentration at the time she was driving. The Supreme Judicial Court disagreed, holding that the court did not err in excluding the expert testimony because Defendant’s offer of proof did not include a proffer of evidence that would demonstrate how her theoretical blood alcohol content would have affected her mental or physical faculties and because Me. Rev. Stat. 29-A, 2432(1) is inapplicable. View "State v. Souther" on Justia Law