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Criminal Law: DWI-Physical Evidence of Intoxication
Staff Report//February 21, 2020//
Defendant was arrested for DWI, but her blood alcohol concentration was determined to be .07 percent. The trial court entered judgment for defendant, finding that there was no substantial evidence of intoxication from physical observations of defendant by the arresting officer, the dashcam video or defendant’s own admissions.
Where the officer’s testimony contradicted his paperwork and where defendant challenged the officer’s administration of the HGN test, the trial court did not err in finding no substantial observational evidence of intoxication.
Judgment is affirmed.
State v. Christy (MLW No. 74560/Case No. WD82831 – 13 pages) (Missouri Court of Appeals, Western District, Newton, J.) Appealed from circuit court, Platte County, Eckold, J. (Maxwell Pepper, Platte City, for appellant) (Richard Johnson, Kansas City, for respondent)
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