State v. Dyer
State v. Dyer
Opinion of the Court
Appellant was convicted in magistrate’s court of driving under the influence. The circuit court affirmed. The issue on appeal is whether the State properly established the identity of the offender. We affirm.
Appellant had no co-defendants and was present at trial. The witnesses for the State were the officer who stopped appellant, administered field sobriety tests, and arrested her, and the officer who administered the breathalyzer test. Appellant was not physically identified by either witness as the person who was apprehended and tested. She argues that the State failed to prove the identity of the perpetrator, an essential element of the offense.
During the testimony, neither witness actually pointed to appellant and stated she was the offender. Nevertheless, both officers repeatedly referred to appellant by name as they de
Affirmed.
Reference
- Full Case Name
- STATE v. Robin DYER
- Status
- Published