City of Fond Du Lac v. Hernandez

The sole issue in the case deals with the adequacy of the trial court’s instructions with reference to driving while under the influence of an intoxicant. Specifically objected to are the following passages:

“In order to find the defendant guilty of operating while under the influence of an intoxicant, you must believe he was under the influence by clear, satisfactory, and convincing proof. As far as driving the car is concerned, the defendant admits he was driving the automobile.

“And in reference to the consumption of alcohol, beer is intoxicating within the meaning of the City Ordinance.

“Ther…