State v. Kimmell

TURNAGE, Judge.

Robert Kimmell was found guilty by a jury of driving while intoxicated, first offense. Section 577.010 RSMo (1984 Cum. Supp.).

The court followed the recommendation of the jury and assessed punishment at thirty days in the county jail and a fine of $500.

Kimmell contends the court erred in refusing to allow a defense witness to testify, in admitting the result of a breathalyzer test, and in giving an instruction. Reversed and remanded.

At 1:20 a.m. on May 5,1985 Kimmell was stopped by Sgt. Wilhoit of the highway patrol, after Wilhoit observed the Kimmell car weaving on the road.…