State v. Caswell

[¶ 1] Patricia Caswell appeals from a judgment entered in the Superior Court (Kennebec County, Atwood, J.) following a jury trial convicting her of a third offense of operating under the influence. The operating under the influence charge was a Class D offense pursuant to 29-A M.R.S.A. § 2411 (1996 & Supp.2000) with two prior convictions as aggravating factors.1 Cas-well contends that the court erred in (1) ruling that a competing harms justification, 17-A M.R.S.A. § 103(1) (1983)2 was not generated by the evidence, and (2) *377excluding expert testimony in support of her competing harms…