Objection Essay Example | Topics and Well Written Essays - 1000 words

Objection - Essay Example Consequently, the paper also discusses how appellate court will rule on the objection. The outcome of the alcohol test was issued as one of the evidence (Krey & Theresa, 75). According to the judge, if Fred Friendless has a blood content of 10, they must presume that Fred Friendless is intoxicated. Therefore, obtaining a conviction for Driving while intoxicated, the prosecution will need to establish that Fred Friendless was actually operating the vehicle under the influence. This will be accomplished through circumstantial evidence or by the witness of the eyewitness. From Fred Friendless case, the court will review the Driving While Intoxication conviction where Fred Friendless’ prosecution will prove that he was driving the vehicle. Evidence from the high school head teacher revealed that he measured the skid mark of the defendant and assumed the defendant was driving at least 65 miles per hour. Additionally, the defendant believes that the any person who drinks at least two beers already intoxicated. This is a direct prove that Fred was actually driving under the influence of alcohol (Dolinko,  67). The evidence does not establish that the defendant was under the physical control of the car and hence it is not sufficient to prove that Fred was driving the vehicle. The prosecution also needs to establish the intoxication, which he did not. According to the statutes, it is noted that, intoxication normally occur due to alcohol intake of contraband ingestion. Intoxication is normally hard to articulate. In addition to submitting the blood sample, the police needs to testify the speech, appearance, or behavior and if the police detected the smell of the alcohol beverage on Fred. The factors are important and pertinent evidence of the physical impairment and mental impairment of the defendant. During Berkemer v. McCarty 468 US 420, the Supreme Court believed that the police roadside