State v. Jordan

WATHEN, Justice.

Defendant Larry Jordan appeals his conviction of operating under the influence or with an excessive blood alcohol level, 29 M.R.S.A. § 1312 (1978 & Supp.1989) following a jury trial in Superior Court (Penob-scot County, Beaulieu, J.). On appeal, defendant challenges the admissibility of the Intoxilyzer result, the sufficiency of the evidence and the constitutionality of the court’s instructions to the jury.

On the evening of January 15, 1989, defendant was stopped on Harlow Street in Bangor because his car lacked an adequate exhaust system. Defendant testified that his car had…