Engler v. State of Oklahoma

NIX, Judge.

The defendant was charged by information in the Court of Common Pleas with the offense of driving a motor vehicle while under the influence of intoxicating liquor; tried before a jury of six, who rendered a verdict of guilty, fixing the punishment at 30 days in the county jail and a fine of $250.

The defendant contends that the trial court committed error in permitting the state to prove in chief that the defendant had refused to submit to a “sobriety test.” The testimony reveals that Patrolman Garibaldi was interrogated by the county attorney as follows:

“Q. Did you give this man a…