State v. McHaffie

HOLSTEIN, Chief Judge.

Defendant Gerald Lee McHaffie was charged by a two-count information with driving while intoxicated, § 577.010,1 and failure to operate his vehicle on the right side of the roadway, § 304.015. Following a trial to the court, defendant was found guilty on both counts. From the conviction, he appeals.

Defendant’s two points on appeal are interrelated. The first point is that the court erred in allowing two police officers to render an opinion that the defendant was intoxicated because there was an insufficient evidentiary foundation for such testimony. In his second point,…