The Colorado Court of Appeals issued its opinion in Leaf v. Beihoffer on Thursday, September 11, 2014.
Negligence—Driving Under the Influence of Drugs—Impeachment—Evidence—Tax Returns—CRE 608(b)—Guilty Plea—Jury Instructions.
Defendant Beihoffer’s car rear-ended plaintiff Leaf’s taxicab on an icy road. Beihoffer ultimately pleaded guilty to a misdemeanor charge of driving under the influence of drugs (DUI). Leaf sued Beihoffer for negligence, and the court entered judgment in Beihoffer’s favor.
On appeal, Leaf contended that the district court committed reversible error by allowing impeachment evidence that he had failed to file income tax returns for several years, because that evidence was not probative of his truthfulness and was unfairly prejudicial. Evidence of a witness’s failure to file income tax returns for several years is probative of the witness’s character for truthfulness and therefore admissible under CRE 608(b) to impeach the witness’s credibility. Therefore, the court did not err in admitting such evidence.
Leaf also contended that the district court erred by not giving preclusive effect to Beihoffer’s DUI guilty plea and by excluding evidence of the plea offered for impeachment. However, evidence of Beihoffer’s DUI guilty plea had no preclusive effect in this case. The court also did not err in excluding evidence of the guilty plea for impeachment, because there was sufficient cumulative evidence presented to the jury on this undisputed issue.
Finally, because Leaf did not allege a negligence per se claim in this case, the district court did not abuse its discretion in rejecting Leaf’s proposed definitional instruction of DUI. The judgment was affirmed.