Valdez v. State

Banke, Presiding Judge.

The appellant was charged in a four-count accusation with (1) failure to yield right-of-way, (2) improper lane usage, (3) driving a motor vehicle while under the influence of alcohol, and (4) driving a motor vehicle with a blood alcohol content of at least 0.12 percent by weight. The trial court directed a verdict in his favor on Count 1; and a jury subsequently found him guilty on Count 3, while acquitting him on Counts 2 and 4. He appeals. Held:

1. The arresting officer testified that, upon being asked to recite the alphabet at the time of his arrest, the appellant…