State v. Dvorak

PATRICIA L. COHEN, Judge.

Introduction

Stephen J. Dvorak (“Defendant”) appeals from the judgment of the Circuit Court of St. Louis County, following a jury trial, convicting him of possessing a loaded firearm while intoxicated in violation of Mo.Rev.Stat. § 571.030.1(5). Defendant claims that the trial court erred in: (1) admitting evidence that he refused to submit to a breathalyzer test because, (a) such evidence was inadmissible under Mo.Rev. Stat. § 577.041 and, (b) the admission violated his right to due process under the Fourteenth Amendment of the United States Constitution; (2) refusing…