State v. Ball

PHILLIP R. GARRISON, Judge.

John A. Ball (“Defendant”) appeals his conviction of the class B misdemeanor of driving while intoxicated, a violation of § 577.010. 1 In his single point on appeal, Defendant contends that there was insufficient evidence upon which the trial court could have found him guilty. He argues that he overcame the rebuttable presumption of intoxication as a result of a breathalyzer test because he failed only one field sobriety test that provided a sixty-four percent indication of intoxication, he passed two other field sobriety tests, and his failure of the one field…