State v. Schneider

Considered and decided by the court without oral argument.

This is an appeal by defendant from a judgment of conviction of driving while under the influence, Minn. St. 169.121. Defendant contends that he should receive a new trial because (1) the trial court abused its discretion in permitting the state’s two witnesses, both peace officers, to express their opinions that defendant was under the influence, and (2) the prosecutor in his closing argument improperly alluded to defendant’s failure to testify in his own behalf. We affirm.

1. The trial court has broad discretion in determining the…