State v. Jirak

SCHLEGEL, Presiding Judge.

The defendant, Gene Jirak, appeals his conviction for operating while intoxicated, first offense. Jirak argues the district court erred in: (1) denying defendant’s motion for mistrial based on the deputy sheriff’s testimony Jirak remained silent after being read his Miranda rights; and (2) failing to grant defendant’s motion for mistrial based on the deputy sheriff’s opinion regarding the defendant’s intoxication.

On October 7, 1990, at approximately 2:15 a.m. Deputy Sheriff Bill Sires observed Jirak driving near a four-way stop. Sires observed the defendant stop…