Kevin Betskoff smelled of alcohol, said that he’d had “enough” to drink, and fumbled for his vehicle registration when a state trooper pulled him over for failing to display tail lights. The officer detained Mr. Betskoff and administered a field sobriety test, which revealed that he was intoxicated. The Circuit Court for Carroll County denied Mr. Betskoff’s motion to suppress the field sobriety test, finding that the officer had reasonable suspicion that Mr. Betskoff was driving drunk. At trial, the judge instructed the jurors that they must acquit Mr. Betskoff unless they felt the State proved his guilt beyond a reasonable doubt. In the course of the instructions, the judge said one time that “the State is not required to prove guilt beyond all reasonable doubt.” Mr. Betskoff failed to object. The jury found Mr. Betskoff guilty of driving while impaired.
Mr. Betskoff raises two questions on appeal. He asks us to review his unpreserved objection to the jury instructions for “plain error” and contends that the circuit court erred in admitting the results of the field sobriety test.