People v. Hasselbring

Defendant was convicted, after jury trial, of aggravated driving with a drug, substance, or compound in his breath, blood, or urine. State's expert testified benzoylecgonine is not a drug listed as a controlled substance, and State did not argue or present evidence showing that it is a compound. Jury asked whether it qualified as a substance. Trial judge's answer, "yes, cocaine metabolite qualifies as a drug, substance, or intoxicating compound" was incorrect, in conflict with evidence presented, and served to direct verdict in State's favor, could have confused the jury, and resolved ultimate issue for jury. No double jeopardy impediment to retrial, as rational jury could have found that a substance resulting from Defendant's use of cocaine before driving was present in Defendant's system. (KNECHT and TURNER, concurring.)