Smith v. State

HOFFMAN, Judge.

Appellant Thomas R. Smith was convicted of driving while intoxicated, IND.CODE § 9-4-1-54. On appeal, Smith contends that the evidence produced at trial was insufficient to support the judgment of conviction.

On March 13, 1983, Officer Richard Stoner of the Fort Wayne Police Department stopped Smith’s vehicle due to a taillight malfunction. Smith had a strong odor of alcohol on his breath and was very unsteady on his feet. Officer Stoner explained probable cause to Smith and asked him to take a breathalizer test, which he refused. At trial, the State presented testimony by…