State v. Stewardson

BROCK, Chief Judge.

Defendant argues that evidence of the result of the breathalyzer test should have been suppressed because the arrest was illegal. Defendant urges that he was arrested without a warrant for the misdemeanor of driving under the influence of intoxicating liquor. From this basic premise he argues that none of the circumstances required by statute to authorize an arrest without a warrant for a misdemeanor was shown to exist in this case, id est, no showing of probable cause to believe that defendant had committed an offense in the officer’s presence (G.S. 15A-401 [b] [1]), and…