Daugherty v. State

McMurray, Presiding Judge.

Defendant appeals his conviction of driving under the influence of alcohol. Held:

1. The arresting officer testified that he had gotten out of his patrol car at a “Spur Station” to get something to eat or drink. As the officer returned to his patrol car he noticed defendant leaving a motorcycle parked next to his patrol car and that the defendant was unsteady on his feet. The officer remembered that the motorcycle had not been there when he arrived. The officer got in his patrol car and went across the street and parked as he wanted to see what the defendant was going…