Missouri Court of Appeals, Southern District / Jun 9, 2022
STATE OF MISSOURI, Respondent vs. SANDRA K. BENSON, Appellant
Sandra K. Benson appealed her conviction for driving with excessive blood alcohol content (BAC) and her enhanced sentence as a persistent offender. Benson argued the state failed to prove her BAC beyond a reasonable doubt and that her prior intoxication-related offenses did not qualify for enhancement. The appellate court affirmed the conviction, holding that the BAC argument went to the weight of the evidence, which is not reweighed on appeal. The court further held that the definition of "intoxication-related traffic offenses" applicable at the time of her current offense did not require proof of counsel representation or waiver for prior convictions.