Casselberry v. State

OPINION

SCHULTE, Justice.

Appellant was convicted of the misdemeanor offense of driving while intoxicated and was sentenced to three days in county jail, a fine of $50.00, and was placed on probation for one year. We reverse and remand for a new trial.

At about 11:00 p. m. on December 10, 1978, Appellant’s car was observed going around in circles at a high rate of speed. Officer Winter testified that Appellant’s car pulled out on the highway; that Appellant, when stopped, got out of his car and staggered; that he had slurred speech, alcohol on his breath and bloodshot eyes; and that he twice…