Durant v. City of Suffolk

Opinion

BAKER, J.

Edsel Dixon Durant, Jr. (appellant) appeals from his bench trial conviction in the Circuit Court of the City of Suffolk (trial court) for driving under the influence of alcohol. Appellant argues that because he was arrested for a misdemeanor which occurred outside the arresting officer’s presence, his warrantless arrest was unlawful and as a consequence, the result of the breathalyzer test was inadmissible. We agree and reverse.

The undisputed facts are that on June 7, 1985, at approximately 10:26 p.m., Suffolk Chief of Police Gilbert Jackson was driving his personal car on…