Carr v. State

Banke, Judge.

The defendant appeals his conviction of driving under the influence of alcohol.

One of the state’s witnesses testified that he saw the defendant seated behind the wheel of his car, which appeared to be hung up on a curb between the street and a parking lot, and that he heard the vehicle “grinding its gears and spinning its wheels” and saw it “moving backwards and forwards” in an apparent attempt to get off the curb. An intoximeter test revealed the defendant’s blood-alcohol content to be .17 percent. Held:

1. A rational trier of fact could have concluded beyond a reasonable doubt…