373 S.W.3d 1
Mo. Ct. App.2012Background
- Defendant Morris Burks was convicted of driving while intoxicated under § 577.010 after a bench trial.
- Officer Conklin observed Burks's speeding on Glenstone Avenue in Springfield and conducted a traffic stop.
- Upon stopping, Burks appeared with glassy, watery, bloodshot eyes, had a strong odor of intoxicants, and admitted consuming one beer; he swayed when exiting the vehicle.
- Burks failed three field sobriety tests (HGN, walk-and-turn, one-legged stand) and declined a portable breath test pre-arrest; he later refused a breathalyzer at the jail after arrest.
- Burks was transported to Greene County Jail, advised of rights, and stated he had two beers and was under the influence.
- The trial court found Burks guilty beyond a reasonable doubt; on appeal, he challenges admissibility of the pre-arrest PBT, the sobriety-test evidence, and the sufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of pre-arrest PBT for probable cause | Pre-arrest PBT evidence admissible to prove probable cause under § 577.021.3. | PBT results should not be used to prove intoxication and are inadmissible for that purpose. | Pre-arrest PBT admissible for probable cause; use to prove intoxication not established; no reversible error |
| Admissibility of field sobriety test results (HGN, walk-and-turn, one-legged stand) | Officer properly trained; tests properly admitted; findings support impairment. | Foundation inadequate because NHTSA instructional requirements were not fully followed. | Court did not err; tests properly admitted; challenges go to weight, not admissibility |
| Sufficiency of the evidence to convict for DWI | Driving, combined with multiple indicia of intoxication and admission of drinking, supports guilt beyond a reasonable doubt. | Evidence could be weighed against intoxication; verdict contrary to weight of the evidence. | Evidence sufficient to support conviction beyond a reasonable doubt |
Key Cases Cited
- State v. McQuary, 173 S.W.3d 663 (Mo. App. 2005) (standard for appellate review in criminal cases; review of evidence-focused sufficiency)
- State v. Fraga, 189 S.W.3d 585 (Mo. App. 2006) (court-tried cases use same standard as jury verdict)
- State v. Chambers, 207 S.W.3d 194 (Mo. App. 2006) (sufficiency review; weighing of evidence; credibility not reweighed)
- State v. McLarty, 327 S.W.3d 557 (Mo. App. 2010) (sufficiency standard for elements of offense)
- State v. Ostdiek, 351 S.W.3d 758 (Mo. App. 2011) (foundation for HGN admissibility; training and proper administration)