State v. McDonnell

OPINION

POPOVICH, Chief Judge.

Appellant, Lucille B. McDonnell, appeals her conviction for driving while under the influence (D.W.I.). It was her second offense within five years and a gross misdemeanor under Minn.Stat. § 169.121, subd. 1(a) and subd. 3(a) (1982). She claims her arrest was illegal because the offense was not committed in the presence of the arresting officer. We agree and reverse.

FACTS

Officer Kenneth Amann, a part-time police officer on patrol July 3, 1983 for the City of Wheaton, heard the squealing of tires. He drove toward the noise and about one and one-half blocks away…