State v. Souther

[¶ 1] Samantha Souther appeals from a judgment of conviction of operating under the influence. (Class D), 29-A M.R.S. § 2411(1-A)(A) (2016), entered by the trial court (Kennebec County, Fowle, J,) following a jury trial. Souther contends that the court abused its discretion in its pretrial ruling excluding her proposed expert testimony as to her peak blood alcohol concentration at the time that she was driving. Concluding that Souther failed to present the court with any proper basis upon which to admit the proffered evidence, we affirm the judgment.

I. BACKGROUND

[¶ 2] “Viewing the evidence in…