State v. Macmaste

778 P.2d 1037 (1989)

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Nature of the Case

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Facts

MacMaster (D) was driving at about 8 in the evening eastbound when his vehicle struck and killed Rhonda Raber. Raber had parked her Datsun on the eastbound side of the road facing east, and his wife Rhonda Raber was retrieving articles from the rear of the vehicle. Another car was parked on the eastbound shoulder, but that car was parked 17 feet east of the Raber vehicle and was facing west with the headlights illuminating the Raber vehicle and facing oncoming traffic. D's blood alcohol level was .13 and D's speed was place at 65-80 mph in a 55-mph zone. Between 4-6:30 that day D had consumed alcohol but had exhibited no indication of being affected by it. D's evidence placed the vehicles over the fog line and parked in the lane of oncoming traffic be as much as one foot. D testified that he was traveling east when it just started to rain and he saw what was actually the right front headlight of the second car that was parked to illuminate the Raber vehicle and he assumed that he was facing an oncoming one headlight car and downshifted and pulled to the right-hand shoulder to allow the passing vehicle more room and then he woke in the hospital the next morning. D claims he never saw the Raber vehicle. D was convicted and appealed. D objected to jury instructions regarding the effect of the intoxication.