Jarrett v. State

Hunstein, Justice.

Jarrett was convicted of driving under the influence and other motor vehicle violations while operating a motorcycle. According to the stipulated trial transcript, the arresting officer did not observe Jarrett operating the vehicle and when questioned by the officer at the scene, Jarrett denied driving the motorcycle. However, Jarrett’s nephew informed the officer at the scene of the arrest in Jarrett’s presence that Jarrett had been driving. Jarrett made no response to his nephew’s statement. Although the nephew was not present at trial, the trial court nevertheless ruled,…