State v. Smith

Upon trial by jury defendant was convicted of driving while under the influence of intoxicating liquor. OB.S 483.992 (2). At the trial the defendant admitted that he was drunk at the time in question, but claimed that he was a passenger, and not the driver of the automobile. Over his objection, his admission (made to the arresting officer immediately following the arrest) that he was, in fact, driving, was admitted into evidence. His objection, in essence, was that he was too drunk to understand the Miranda advice given him by the arresting officer and that, therefore, his waiver of his…