Law Commons^™

Slurred Speech And Double Vision: Missouri's Supreme Court Is Unsteady On Dwi Standard, Alison K. Spinden

Missouri Law Review

Supreme Court Justice Potter Stewart observed that "[t]he art of being a judge, if there is such an art, is in announcing clear rules in the context of... infinitely varied cases, rules that can be understood and observed by conscientious government officials. This might be excellent advice for Missouri's judges to consider. After nearly fifteen years of struggling to formulate the proper standard for appellate review of a trial court's finding of probable cause, courts appear to be as unsettled on the issue as ever. In no context is this clearer than in cases involving charges of driving while intoxicated …