State v. Davis

LISA WHITE HARDWICK, Judge.

Aaron Davis challenges the sufficiency of the evidence to support his conviction for driving while intoxicated, in violation of Section 577.010.1. 1 Because the State failed to prove that Davis was intoxicated at the time he was driving his vehicle, we reverse the conviction.

Factual and PROCEDURAL History

On July 19, 2005, St. Joseph police officer B.J. Fisher heard a dispatch report at 10:20 p.m. about a car accident at 8th Street and Mason Road. Fisher arrived on the scene at 10:23 p.m. and saw a vehicle that had crashed into a fight pole. There was no one in or…