State v. Hanway

LAURA DENVIR STITH, Judge.

Mr. Hanway raises two issues on appeal of his conviction by a jury of one count of driving while intoxicated in violation of Section 577.010, RSMo 1994. First, he asserts that the trial court should have excluded the testimony of an emergency room technician entirely once the court detennined that proper procedures for the blood test were not followed, rather than permitting her to testify as to her personal observation that the defendant appeared to be intoxicated at the time he came into the emergency room. He argues that this result is called for both because the…