State v. Gatewood

CAMPBELL; Judge.

The defendant was arrested by Highway Patrolman D. W. Tant for driving a motor vehicle upon one of the public highways while under the influence of an intoxicating liquor and for improper automobile registration. The defendant was placed in the patrol car and was being taken to the police station when the following events transpired:

The State’s version was that while the patrol car was being started up from a stopped position at an intersection, the defendant announced that he was not going anywhere with the patrolman and started to get out of the car. Thereupon, the defendant…