State v. Nadeau

[¶ 1] Timothy A. Nadeau appeals from a conviction for OUI (Class D), 29-A M.R.S. § 2411(1-A)(A) (2006) following a bench trial. Nadeau contends that the Superior Court (Hancock County, Mead, J.) erred as a matter of law in its analysis of the competing harms defense, 17-A M.R.S. § 103(1) (2006). We affirm the judgment.

I. FACTS

[¶ 2] Around 9:30 p.m. on November 26, 2004, Timothy Nadeau went to a bar in Bucksport. While he was talking to an acquaintance named Janet, a stocky man approached Nadeau and identified himself as Janet’s boyfriend. The boyfriend asked Janet if Nadeau was giving her any…