State v. Persell

The defendant was convicted in the magistrate court of driving while intoxicated in violation of § 564.440, RSMo 1969, V.A.M.S. The cause was tried de novo in the circuit court without a jury and the defendant was convicted and fined $150.00.

The evidence, to the extent relevant, was that Trooper Bob Lober of the Missouri Highway Patrol observed defendant driving along a state highway at an excessive speed, crossing the center line on several occasions. The trooper pursued the defendant, stopped him, detected the odor of alcohol about him, observed his unsteady demeanor, and arrested him for…