City Kansas City v. Michael H. Verstraete

In this appeal from a conviction of operating a motor vehicle while under the influence of alcohol (Section 34.113, Revised Ordinance of Kansas City), a main issue is whether there was sufficient evidence of appellant's driving the vehicle (a part of the corpus delicti) so as to cause appellant's out of court statements to be admissible. On March 20, 1971, at approximately 7:35 p.m., Officer Richard K. Weidemeyer was dispatched to 4018 Warwick in Kansas City to investigate an accident. He found appellant at the scene, and talked with him there. ""A The defendant stated to me when I asked him my questions about the circumstances that, in his opinion, he didn't think that he had struck anything."" The officer smelled an odor of alcoholic liquor on appellant's breath when he was talking to him. ""Q Had he been driving a car, or do you know? A Yes, he stated that he had been driving a car."" Appellant stated that he had had three or four highballs at Chez Charlie's on Broadway. The officer gave appellant a walking balance test at the police station and also, being qualified to do so, a breathalyzer test. ""A Well, I had him stand erect with his hands down to his sides looking straight ahead, pointed out a crack in the tile on the floor and instructed him to walk towards me heel to toe, and in performing this walking test his -- his balance was swaying in his walking and was quite pronounced as he walked towards me."" Appellant was somewhat uncertain in turning around to walk away from the officer. He appeared to try to make his turn in a smooth, sweeping action. He was quite hesitating and had to put his foot out to maintain his balance. Upon shining a flashlight in appellant's eyes the officer received a very slow reaction to the pupils becoming smaller. The breathalyzer test resulted in a blood alcohol reading of ""Point two-zero percent.""