State v. Martin

Lewis, Chief Justice:

After the trial and conviction of respondent for operating a motor vehicle while under the influence of intoxicants, the trial judge granted respondent’s motion for a new trial upon the ground that he erred in admitting into evidence testimony concerning the results of a breathalyzer test conducted subsequent to a warrantless arrest. The State has appealed.

The basic issues in this appeal turn upon the legality of respondent’s arrest. The material facts are not in dispute.

On May 12, 1978, a State Highway Patrolman, dispatched to the scene of a reported accident, found two…