Missouri Court of Appeals, Western District / Jun 5, 2018
State of Missouri vs. Richard D. Wilhite
Richard Wilhite appealed his conviction for driving while intoxicated, arguing insufficient evidence established a temporal connection between his vehicle operation and intoxication. The appellate court found that while there was circumstantial evidence he operated the vehicle, the State failed to prove he was intoxicated at the time of operation. The court noted the absence of evidence regarding the time of the accident, the interval between driving and observation of intoxication, and Wilhite's access to alcohol during that period. Consequently, the judgment was reversed, and Wilhite was discharged.