Scruggs v. State

OPINION

COHEN, Justice.

A jury found defendant guilty of driving while intoxicated and assessed punishment at imprisonment for 60 days, probated for one year, and a $250 fine.

Appellant first contends that the trial court should have granted a mistrial because the prosecutor asked the arresting officer if he knew the results of a breath test. The second point of error asserts that the court erred in denying a mistrial after the prosecutor violated a motion in limine by asking the same question of appellant.

Prior to trial, the State unsuccessfully sought a continuance because it had no expert…