Criminal Law: DWI- Persistent Offender-Illinois Offense

Where appellant, who was convicted of driving while intoxicated, challenged the trial court’s finding that he was a persistent offender, the Illinois offense for which the appellant was convicted in 2005 did not qualify as an “intoxication-related traffic offense” because the Illinois conviction lacked the essential element of impairment.

Judgment is reversed and remanded.

State v. Rigsby (MLW No.74164/Case No. WD82018 – 13 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Appealed from circuit court, Johnson County, Pfister, J. (Jonathan Sternberg, Kansas City, Missouri, for appellant) (Richard A. Starnes, Jefferson City, for respondent).