State v. Lemieux

[¶ 1] Daniel M. Lemieux appeals from the judgment of conviction for operating a motor vehicle under the influence of alcohol pursuant to 29-A M.R.S.A. § 2411(1) (Class D), 1 entered in the Superior Court (Cumberland County; Cole, J.) after a jury trial. Lemieux contends that the trial court erred when it denied his request for a jury instruction on the competing harms defense pursuant to 17-A M.R.S.A. § 103. 2 We disagree and affirm the judgment. 3

[¶ 2] Jury instructions are reviewed “‘as a whole to ensure that they informed the jury correctly and fairly in all necessary respects of the…