for more than twice the legal limit for alcohol in his blood barely one hour after a collision which killed a 30-year-old motorcyclist, a Supreme Court yesterday heard.

Testifying on the second day of 46-year-old Albert Nisbitt's trial, Police Sergeant George Babb told a ten-woman, two-man jury the accused was brought to Hamilton Police station about 7.20 a.m., smelling of alcohol, with beads of sweat running down his forehead, and appearing agitated.

"I had a few drinks and, yes, I agree to take the test,'' Sgt. Babb recalled Nisbitt saying at the time; but after testing for 1.77 and 1.72 milligrams of alcohol for 100 millilitres of blood -- more than twice the legal limit -- Nisbitt refused to sign the test results, Sgt. Babb told the court.

Nisbitt faces four charges in connection with a May 20, 1995, accident in Hamilton Parish that killed 30-year-old Azores native Antonio DeFrias.

The Crown, represented by counsel Charlene Scott, alleges Nisbitt was driving while under the influence around 6.30 a.m. when he crossed over into the east-bound lane of North Shore Road, near the entrance to Shelly Bay Park, and collided with DeFrais.

Nisbitt, represented by counsel Julian Hall, has pleaded guilty to a charge of driving with more than .80 milligrams of alcohol in 100 millitres of blood, but has pleaded not guilty to one charge of reckless driving causing death, and one charge of dangerous driving causing death. Another charge of impaired driving remains on the record.

DeFrais suffered multiple fractures, head trauma, at least four broken ribs, a broken clavicle, a compound fracture to his right femur, and multiple deep contusions. He died shortly after the accident as a result of his injuries, consulting pathologist John Winwick yesterday testified; there was no evidence of alcohol or drugs in his system, tests indicated.

Meanwhile, a Police accident reconstruction expert told the court that, based on physical evidence at the scene of the accident, it appeared the 46-year-old taxi driver crossed over the centre line of North Shore Road and collided with Mr. DeFrais.

"The main concentration of debris indicates the two vehicles collided in the east-bound lane near the border, or in the (bus) lay by itself,'' Sergeant Tyrone Smith said under examination by Ms Scott.

Under cross examination however, Sgt. Smith conceded his findings were observations only, and the fact that Nisbitt had moved his taxi from the point of impact and then started to collect accident debris from the road shortly before Police arrived, could have effected his conclusions.