State v. Morgenroth

JEFFREY W. BATES, Chief Judge.

Karl Morgenroth (Defendant) appeals from his conviction by a jury for driving while intoxicated (DWI) in violation of § 577.010. 1 In Defendant’s first point, he contends the trial court violated § 577.021 by improperly admitting evidence that Defendant failed a portable breath test (PBT). Because this point has merit, we reverse and remand for a new trial.

I. Factual and Procedural Background

On the evening of June 19, 2004, Christine Stark (Stark) was driving her car west on Highway 64. Her boyfriend, Christopher Hobius (Hobius), also was in the car. They had…