State v. Ollison

LISA WHITE HARDWICK, Judge.

James Ollison appeals from his conviction for driving while intoxicated, in violation of Section 577.010. 2 Because the evidence was insufficient to prove that Ollison was intoxicated at the time he was driving, we reverse the conviction.

Factual and Procedural History

On April 2, 2005, at 1:20 a.m., Highway Trooper Mark Degraffenreid was dispatched to a vehicular accident on the north side of Route HH in Pettis County. Degraffenreid arrived on the scene at 1:33 a.m. and found a truck overturned in a ditch, next to a sharp curve in the highway. No one was inside the…