Mills v. Holliday

McQUADE, Chief Justice.

James G. Holliday, defendant appellant, was driving a pickup truck on the evening of April 12, 1968, near Shoshone, Idaho, when he was stopped by Officer Ronald Eggleston of the Idaho State Police. Offi.cer Eggleston had observed appellant’s vehicle weaving as it traveled upon the highway. Officer Eggleston spoke with the appellant, and upon being told by appellant that he was sleepy, advised appellant to stop and get some rest. The officer testified he could not detect any odor of alcohol from the appellant, and issued no citation.

Appellant testified that he attempted…