STATE OF MISSOURI v. JEANNE CAPOZZOLI

A Jefferson City police officer observed Capozzoli stopped at a green light with her high beams on, despite oncoming and passing traffic, and saw her weaving once she proceeded through the intersection. She turned off the headlights altogether, and the officer pulled her over. He smelled an odor of alcohol from the car and observed that her eyes were glassy. She admitted to drinking before driving. After he asked her to step out of the car to undergo standard field-sobriety tests, Capozzoli attempted to do so without putting it in park. The officer observed that she seemed confused and that the tests revealed indications of impairment, so he placed her under arrest for driving while intoxicated (DWI). He found a pill in her jacket pocket; subsequent testing revealed that it was lorazepam, a controlled substance. Half an hour after she was stopped, a breath test showed a blood-alcohol level of 0.075% which the officer believed was too low given her level of impairment. He consulted with a drug-recognition examiner (DRE) who recommended that Capozzoli’s blood be tested. Her blood was drawn at a local hospital about one-and-a-half hours after the stop, and testing revealed the presence of lorazepam at a level that would enhance alcoholrelated symptoms of drowsiness, dizziness, difficulties with coordination, confusion, and dividedattention tasks. The DRE conducted his own series of tests, including the standard field-sobriety tests, and agreed with the arresting officer that Capozzoli was intoxicated. Other observed conduct included confusion about the day’s date, when and what she had been drinking, and when she had admittedly taken Ativan, also known as lorazepam.



Capozzoli was charged with DWI as a prior offender. During a jury trial, she challenged any testimony given by a police officer as to her intoxication, arguing that a new law in Missouri prohibits an expert from offering an opinion about whether the defendant had a mental state or condition that constitutes the element of a crime charged. The trial court allowed the testimony. She also argued that this law had changed the standard for the admissibility of expert testimony and sought to block the DRE from testifying on the basis of this change. The court overruled this objection as well. The jury convicted Capozzoli, and the court sentenced her to seven years in the Department of Corrections.

AFFIRMED