Dracula DUI

August 14, 2014

  • 110 Criminal Law
  • 110XXXI Counsel
  • 110XXXI(F) Arguments and Statements by Counsel
  • 110k2102 Inferences from and Effect of Evidence
  • 110k2122 Motor vehicle offenses

08-14-14State’s comment in closing argument suggesting defendant had been at a party drinking the night before he was arrested for driving while intoxicated (DWI) was reasonable inference from facts in evidence; defendant was pulled over at 6 a.m. on a Sunday Halloween morning while he was wearing a Dracula-type costume, he admitted to having a drink earlier in the night, he was acting intoxicated, and there was no evidence that defendant was an early-rising trick-or-treater.

State v. Caines, 427 S.W.3d 305, (Mo. Ct. App., E.Dist, Div. 2 2014)

Suggested by Maggie Padilla, Attorney Editor, Thomson Reuters, Eagan, Minn.