Richard Vance Hastings v. State of Indiana (mem. dec.)

MATHIAS, Judge.

[1] Following a jury trial, Richard Hastings (“Hastings”) was convicted in Hamilton Superior Court of Level 6 felony for operating a motor vehicle while intoxicated with a blood alcohol equivalent of 0.08 or more with a prior conviction within five years. On appeal, Hastings presents two issues, one of which we find dispositive: whether the trial court erred in excluding the testimony of Hasting’s proffered expert witness. Concluding that the trial court abused its discretion in excluding the testimony of this witness and that this exclusion was not harmless, we reverse and…