State v. Moore

WALTERS, Chief Judge.

In this case we are asked to decide whether the driver of a motor vehicle who is involved in an accident may be cited the next day for operation of the vehicle at the time of the accident while under the influence of alcohol, or — if the driver is not cited at the scene of the accident — must the officer who investigated the accident utilize an arrest warrant issued by a court upon a showing of probable cause. We hold that the officer properly may cite the driver for the offense, the day after the accident, rather than resorting to a warrant of arrest.

The record reveals…