State v. Driscoll

OPINION

EDWARD D. MULALLY, Judge.

Eugene Driscoll appeals a judgment of conviction of DWI, claiming it was based on evidence, a station-house Intoxilyzer test (.18%), which was the result of an allegedly illegal arrest. The sole issue on appeal is whether the police officer had probable cause to arrest Driscoll.

FACTS

On March 1,1987, at a few minutes after 1:00 a.m., appellant Driscoll was driving his pickup truck along the streets of East Grand Forks, Minnesota. It was snowing at the time and there was heavy snow accumulation. Driscoll was following along in the tire tracks in the snow made by…