People v. Fox

Defendant contends that the subject information was defective and that there was a failure to prove beyond a reasonable doubt:

A. All of the allegations set forth in the information;

B. That defendant was operating the subject motor vehicle;

C. That defendant was physically and mentally capable of operating the motor vehicle in view of his advanced state of intoxication.

At the end of the People’s case defendant, rested and no proof was submitted in his behalf.

The defendant failed to object to the form of the information upon arraignment and before trial, and in the absence of jurisdictional…