State v. Clements

Oct 19, 2007

OUTCOME: For Clements based on Theory of Defense Argument

Synopsis Background: State petitioned for writ of certiorari, seeking to quash circuit court's decision, reversing defendant's county court conviction of driving while under the influence of alcohol t ... o extent that his normal faculties were impaired and remanding for new trial in county court. Holding: The District Court of Appeal, Benton, J., held that defendant was entitled to offer expert testimony tending to show that he was not impaired at time of his arrest.