State v. Powell

The trial court, acting without a jury, convicted James Roy Powell of driving while intoxicated (as proscribed by § 577.-010, RSMo 1978) and imposed a fine of $150.

We affirm.

On October 30, 1979, Powell was stopped by two highway patrolmen at 12:55 a.m. as he was driving a white 1967 Chevrolet pickup truck on U. S. 71 Highway in Cass County. Upon trial, the arresting officer testified that the vehicle seemed to be traveling at an excessive rate of speed, that it was weaving in its lane and that it crossed the center line. After the vehicle was stopped the driver talked with the troopers and…