Driving under influence and aggravated assault

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Reference no: EM133985504

Problem

Paul Peltz is on trial for driving under the influence and aggravated assault. The prosecution alleges that he was the driver of a vehicle that hit a pedestrian causing significant injury. Peltz argues that he was not the driver, but instead a passenger in the car. (The other occupant of the car has left the jurisdiction). After the accident, police came to the scene and saw both individuals outside of the car. Peltz was injured and bleeding; his companion was not bleeding. Before trial, Peltz sought to preclude the officer from testifying "concerning any opinion that there was blood in the vehicle or that the blood indicates [Peltz] was driving." He argued that the officer could not give such testimony "unless he can prove he is an expert in blood spatter." At a hearing, the officer testified that he saw blood on the driver's side door, seat, and steering wheel but none on the passenger's side. The officer also identified blood on Peltz's forehead and hands, explaining that "[t]he blood [he] saw on the vehicle ... [was] consistent with someone exiting the vehicle from the driver's seat."

Prosecution argues that the officer's testimony should be admitted under Rule 701. Peltz objects, arguing that it expert testimony but the officer is not an expert.

You are the judge. How do you rule? Make sure to give a short explanation of your reasoning.

Reference no: EM133985504

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