Thomas v. Town of Marion

Following a motor vehicle accident, Earl Jackson Thomas was charged with driving under the influence of alcohol and with driving a motor vehicle after his operator’s license had been revoked. In a jury trial, defendant was convicted of both offenses. He was sentenced on each charge to six months in jail and fined $200. On appeal, he contends the evidence was insufficient to convict him of either offense and that the trial court erroneously admitted the results of the analysis of his breath as evidence in the drunk driving case.

The only testimony came from the investigating police officer,…