State v. Oyen

FOSHEIM, Justice.

The defendant was convicted of driving a motor vehicle while there was 0.10% or more by weight of alcohol in his blood. A motion for arrest of judgment and acquittal was denied. The judgment and sentence were stayed pending appeal. We reverse.

On the night of November 27, 1976, defendant and Donald Sabers were involved in an accident in a pickup truck owned by the defendant. Highway Patrolman James Walton arrived at the scene of the accident and found defendant lying unconscious on the ground about thirty feet from the pickup. Sabers was then seated in another pickup that had…