Appellate court denies rehearing, transferring Cape County DWI

The Missouri Eastern District Court of Appeals has declined to rehear or to transfer to the state Supreme Court a Cape Girardeau County drunken driving case, in which a Jackson woman sought to keep blood test evidence from trial.

The denial was issued Monday, reaffirming the court's June 23 decision to overturn a local judge's ruling. The appellate judges said the prosecutor was within the law to use a search warrant to obtain a blood sample from the defendant, Carol Sue Smith, 42.

"Thus, this important appellate decision is one step closer to becoming final," Cape Girardeau County Prosecuting Attorney Morley Swingle said of the denial.

Smith was arrested Aug. 12, 2002, by a sheriff's deputy on suspicion of driving while intoxicated. She refused to submit to a blood, breath or urine test. The deputy obtained a search warrant for her blood, and the prosecutor's office later charged her with drunken driving.

She also was charged with child endangerment for reportedly having a minor child in the car and for not wearing a seat belt.

Less than three months later, Smith was arrested again for allegedly driving while intoxicated, bringing additional child endangerment charges and a traffic charge.