Roberts v. State

I agree and believe the following should be pointed out, with respect to Division 3. Here the offense charged is driving under the influence; that is the issue the jury was called upon to decide. The legality of the arrest had nothing to do with whether or not he committed this act. He was not charged with any offense bringing into play the possibility of an illegal arrest which would have justified his act and thus provided a defense to the crime. Even if defendant was illegally arrested here, which the lower court found he was not and we agree, the illegal arrest following the drunk driving…