People v. Blair

Judgment unanimously reversed on the law and facts and indictment dismissed. Memorandum: The only proof of negligence in this ease was that the accident happened on defendant’s wrong side of the road. The only testimony on intoxication was that a Deputy Sheriff smelled alcohol on defendant’s breath at the accident scene, but at no time was there any suggestion that defendant be arrested, nor was defendant requested to take a blood-alcohol test. There was no proof that defendant was not mentally and physically in full possession of his faculties. The only testimony on speed was that of the…