Highsmith v. City of Woodbury

Sognier, Judge.

Johnny Highsmith was convicted at a bench trial of driving under the influence of alcohol and he appeals.

The record reveals that on the date in issue, Officer Floyd Burger saw appellant drive a pickup truck out of a convenience store parking lot and observed the truck weaving in the road. Burger followed appellant and stopped him about two-and-a-half miles from the convenience store. Burger asked appellant to step out of the truck, and noticed that appellant staggered in getting out, and that appellant’s speech was slurred. When Burger asked appellant if he had been drinking,…