State v. Sullivan

Finney, Justice:

The state appeals from a circuit court order which reversed and remanded for a new trial Respondent Paul A. Sullivan’s magistrate court conviction for driving under the influence of alcohol. We reverse.

On November 8, 1989, Trooper Dan Merritt was directing traffic across the damaged Ben Sawyer Bridge when the respondent failed to heed his signal to stop, forcing the trooper to jump from the path of respondent’s vehicle. Trooper Merritt yelled for the respondent to stop and the vehicle came to a halt. The trooper smelled a strong odor of alcohol on the respondent’s breath and…