Driskell v. State

JONES, Presiding Judge.

Thomas Earl Driskell was convicted in the County Court of Payne County for driving an automobile on the highway while under the influence of intoxicating liquor, and pursuant to the verdict of the jury was sentenced to pay a fine of $300.

The single issue presented on appeal is the contention of the accused that the fine was excessive.

Three highway patrolmen testified that they were proceeding west on Highway 33 about three miles east of Coyle at approximately 9:30 P.M. when a pickup truck driven by the defendant, Driskell, passed them going east. Just before passing the…