State v. Milligan

DIXON, Chief Judge.

Defendant appeals from a conviction for driving while intoxicated. The trial court, upon appropriate waiver of jury trial, heard the evidence, found defendant guilty and fined him $100.00.

Defendant asserts error in the conviction upon three grounds of trial error: (1) the admission of the results of a test of defendant’s breath over defendant’s objection of insufficient foundation; (2) admission of the officer’s opinion of defendant’s impairment of ability to drive without a proper foundation demonstrating the officer’s expertise; (3) failure of trial court to direct a…