State v. Lisa Ricker

Syllabus

The defendant, Lisa Ricker, appealed from a judgment of conviction entered in the Superior Court following a jury verdict of guilty on one count of driving under the influence, in violation of G.L. 1956 § 31-27-2. On appeal, the defendant argued that the trial court erred in limiting cross-examination of a witness and abused its discretion in denying her motion for a new trial. The defendant also raised two purported errors of law related to a jury instruction and the jury verdict form. The Supreme Court determined that the trial justice did not abuse his discretion by limiting the defendant's inquiry on cross-examination, due to its potential to confuse the jury, and that her defense was not prejudiced by the limitation. Additionally, the Court discerned no error in the trial justice's denial of the defendant's motion for a new trial, because the evidence regarding the margin of error for breathalyzer results did not preclude a finding of guilt by the jury, where the defendant's results fell within that margin. Finally, the Supreme Court held that the defendant's other arguments were waived. Accordingly, the Court affirmed the judgment of conviction.