State v. Rose

THOMAS H. NEWTON, Judge.

Douglas D. Rose raises five points on appeal from his conviction for driving while intoxicated (DWI). Mr. Rose was also convicted of another traffic offense, but none of the points relate to that conviction. The first point alleges that there was insufficient evidence to sustain his DWI conviction. Next, he claims that the trial court should have granted his motion in limine to exclude evidence of his refusal to take a breath test. In his third point he claims that the trial court erred in allowing the police officer to testify concerning the horizontal gaze nystagmus…