Schoicket v. State

McMurray, Presiding Judge.

Defendant was tried before a jury and found guilty of running a stop sign (Count 1), being in physical control of a moving vehicle while under the influence of alcohol to the extent that it was less safe to drive (Count 2) and operating a moving vehicle with a blood-alcohol concentration of at least .10 grams within three hours after driving (Count 3). Defendant was found not guilty of failing to produce proof of insurance (Count 4).

The undisputed evidence reveals that defendant drove his employer’s van into a ditch sometime between 9:00 and 10:00 p.m. on October 4,…