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Donaldson v. State

The trial court did not err in allowing the state to introduce rebuttal evidence of the defendant's prior driver's license suspensions and insurance cancellations after the defendant's friend testified on cross-examination that the defendant was a professional business woman and a family woman, who went to church with the friend.

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In the aftermath of a night out with friends, Tara Donaldson was charged with three counts of DUI, attempting to elude an officer, and failure to maintain lane. The jury found her guilty of one misdemeanor count of DUI and the two latter counts, and the trial court sentenced her to 10 days and probation. On appeal, Donaldson does not challenge the sufficiency of the evidence against her, arguing only that the trial court erred when it admitted evidence of prior license suspensions and when it failed to grant directed verdicts as to the DUI counts on which she was later acquitted. We find no error and affirm. 1. Donaldson first contends that the trial court erred when it allowed the State to introduce evidence of previous driver’s license suspensions and insurance cancellations. We disagree.

In general, evidence of a criminal defendant’s bad character or prior convictions is not admissible unless he first puts his character in issue.1 “To open the door to such evidence, a defendant must intentionally elect to place his good character in issue.”2 Once the defendant is found to have intentionally opened the door, the prosecutor may respond with evidence of the defendant’s bad character in the form of prior bad acts or other testimony.3 Whether a statement making reference to the defendant’s good character is merely inadvertent or manifests a conscious election is a question of fact, determined primarily upon the trial court’s assessment of the intent of the accused and his counsel. Such factual and credibility determinations are generally accorded great deference by a reviewing court.4 In the course of cross-examining a friend of Donaldson, defense counsel engaged in the following line of questioning:

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