State v. Edmonds

SMITH, Commissioner.

Defendant was convicted by a jury of driving while intoxicated and fined $100. He appeals, raising only the question of whether the court erred in refusing to allow a nonexpert witness to give his opinion that defendant was not intoxicated.

The State’s case consisted solely of the testimony of the state trooper who testified to defendant’s erratic driving, that he was unsteady on his feet, that his eyes were watery, and that he had the smell of intoxicating beverage on his breath. The trooper also testified that immediately after being stopped defendant spontaneously…