City of Kennewick v. Day

Doug R. Day was convicted by a Benton County District Court jury of possession of marijuana and possession of drug paraphernalia. At trial, Day asserted the defense of “unwitting possession.” The trial court excluded testimony regarding Day’s reputation for sobriety from drugs and alcohol, finding this was not evidence of a “pertinent trait of character” under ER 404(a)(1). We hold that the trial court abused its discretion by refusing to admit the proffered testimony and, accordingly, reverse and remand for a new trial.

FACTS

On November 4, 1996, Day was stopped for investigation of driving…