Rheinlander v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY] REVIEW

Appellant was convicted on his plea of nolo contendere for driving while intoxicated. The Third Court of Appeals, however, reversed his conviction and remanded the cause for a new trial because the police officer who stopped his car did not believe at the time that appellant was committing any crime but thought instead that appellant might be ill or having mechanical difficulty with his vehicle. The Court of Appeals held that “before a person driving an automobile may be stopped and lawfully detained by an officer, that officer must have…