STATE v. DRISCOLL

No. C9-88-46.

427 N.W.2d 263 (1988)

STATE of Minnesota, Respondent, v. Eugene A. DRISCOLL, Appellant.

Court of Appeals of Minnesota.

August 2, 1988.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Karl Lindquist, City Atty., East Grand Forks, for respondent.

Richard A. Ohlsen, Mack, Moosbrugger, Ohlsen, Dvorak & Carter, Grand Forks, N.D., for appellant.

Heard, considered and decided by RANDALL, P.J., and PARKER and MULALLY, JJ.


OPINION

EDWARD D. MULALLY, Judge.

Eugene Driscoll appeals a judgment of conviction of DWI, claiming it was based on evidence, a station-house Intoxilyzer test (.18%), which was the result of an allegedly illegal arrest. The sole issue on appeal is whether the police officer had probable cause to arrest Driscoll.

FACTS

On March 1, 1987, at a few minutes after 1:00 a.m., appellant Driscoll was driving his pickup truck along the streets of...

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