Clark v. State

Carley, Judge.

Appellant was convicted of driving under the influence of alcohol and of public indecency. He appeals.

At trial, the evidence established that a police officer on a late-night routine patrol observed appellant urinating behind a car in a shopping center parking lot. Appellant then entered the car and began driving down the street. The officer stopped appellant, not for erratic driving, but to arrest him for public indecency. However, since there was an odor of alcohol on appellant’s breath, the officer also charged him with driving under the influence. An auto-intoximeter test of…