State v. Kennedy

[¶ 1] David Kennedy appeals from the judgment entered in the Superior Court (Penobscot County, Warren, J.) affirming a judgment of conviction entered in the District Court (Bangor, Gunther, J.) following Kennedy’s trial on the charge of operating under the influence (Class D) in violation of 29-A M.R.S.A. § 2411 (1996). 1 Kennedy argues that there is not a sufficient factual basis on which the arresting officer could form the opinion that Kennedy was driving while intoxicated and that the court erred by admitting into evidence the results of an intoxilyzer test. We affirm the judgment.

[¶ 2]…